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CIVIL GOVERNMENT 


FOR 


NORTH DAKOTA 


A. L. WOODS, A. M. 

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TENTH EDITION 

(rewritten) 


A. L. WOODS, PUBLISHER 

GRAND FORKS, NORTH DAKOTA 
1907 






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COPYRIGHT 1897, BY A. L. WOODS 
COPYRIGHT 1907, BY A. L. WOODS 



PIONEER PRESS COMPANY 

Printers and Electrotypers, 
ST. PAUL, Minn. 







PREFACE. 


Civil Government for North Dakota was first 
placed before the superintendents and teachers of 
the state in 1897. Two years prior to that time a 
law had been enacted making civil government one 
of the regular branches to be taught in the common 
schools. The book seemed to meet the approval of 
the educators of the state and has been very gener¬ 
ally adopted in every county. As new editions 
have been issued, supplements have been added or 
revisions made to meet the changes in the laws made 
by the legislature. To harmonize these revisions 
and bring the text completely up to date, Part I has 
been to quite an extent rewritten, and the book is 
again submitted to the consideration of the educa¬ 
tional forces of the state. 


Grand Forks, N. Dak., 1907o 


A. L. W. 


TO THE TEACHERS. 


This book is intended as a text-book to be placed in the 
hands of the pupils of the higher grades, and to serve as a 
guide to the teacher in teaching civil government orally to 
the lower grades. In treating the subject the question has 
frequently arisen as to what should be omitted. In the 
“points for development” we have hinted at many things 
which the progressive teacher will carefully develop. Most 
teachers would have developed these points anyway, but 
by placing them close to the regular text, the pupils will be¬ 
come interested in them for themselves. The teacher 
should exercise judgment as to how much of these should 
be developed. The teacher in the country should make a 
specialty of the points that will interest and benefit country 
pupils; likewise in the villages and cities. No teacher will be 
expected to be ready with every point, but if the teacher 
is actuated with the true spirit of investigation, the pupils 
will imbibe that spirit and wonderful results will follow. 
The sources from which information on these points may 
be gained are various. Much can be learned by the pupils 
themselves by questioning their parents, the school officers, 
or other officers with whom they may come in contact. The 
school law, the newspapers, books of reference, histories, 
etc., will supply much. County superintendents and other 
county officers will aid with blanks and suggestions. Be¬ 
fore assigning each day’s lesson the teacher should be able 
to direct the pupils to the points that could be reasonably 
developed with the facilities that are at hand. Teach the 
subject with a view to the instilling of patriotism with every 
lesson. It is recommended to develop the various topics 
under Part II in the same manner that Part I is developed. 



CONTENTS. 


PART I. 

Subordinate Governments. 

SECTION I. 

GOVERNMENT IN GENERAL. 

Page 

Chap. I. Introductory. 1 

Chap. II. Governments Classified. 2 

SECTION II. 

THE SCHOOL DISTRICT. 

Chap. III. Special Districts. 6 

Chap. IV. Independent Districts. 8 

Chap. V. Common School Districts.10 

Chap. VI. School Board. 13 

Chap. VII. Duties of School Officers.18 

Chap. VIII. Teachers.19 

Chap. IX. Support of Schools.22 

Chap. X. Attendance, Text Books, Flags.26 

SECTION III. 

THE TOWNSHIP. 

Chap. XI. Congressional Township.29 

Chap. XII. Civil Township.32 

Chap. XIII. Township Meetings and Officers .... 34 

Chap. XIV. Powers and Duties of Officers.36 

Chap. XV. Highways, Pounds, Debts.41 
















SECTION IV. 


VILLAGES AND CITIES. 

Chap. XVI. Origin and Name.46 

Chap. XVII. Village Organization.48 

Chap. XVIII. City Organization.53 

SECTION IV. 

THE COUNTY. 

Chap. XIX. Introductory.59 

Chap. XX. County Organization and Officers . . 61 

Chap. XXI. Powers and Duties of Officers ... 65 

Chap. XXII. Salaries of Officers.75 

Chap. XXIII. Debts, Poor, Boards.80 

SECTION VI. 

THE JUDICIARY. 

Chap. XXIV. Classification, Definitions .... 84 

Chap. XXV. Justices’ and County Courts ... 86 

Chap. XXVI. District Courts.89 

Chap. XXVII. Juries and Witnesses.91 

Chap. XXVIII. Supreme Court and Boards of Concilia¬ 
tion .97 

SECTION vn. 

THE STATE. 

Chap. XXIX. Introductory.102 

Chap. XXX. The Constitution.106 

Chap. XXXI. Legislative Department.109 

Chap. XXXII. Bills, Laws, Etc.116 

Chap. XXXIII. Executive Department .119 

Chap. XXXIV. Appointive Officers. 131 

Chap. XXXV. State Boards.134 

Chap. XXXVI. Public Institutions.143 

Chap. XXXVII. Elections.154 

Chap. XXXVIII. Revenue and Taxation.164 

Chap. XXXIX. Education and Militia. 167 

Chap. XL. Impeachment, Prohibition, Amend¬ 
ments .170 



















PART II. 

National Government. 

SECTION I. 

ORIGIN OF THE GOVERNMENT. 

Chap. XLI. Early Colonial Developments . . . 173 

Chap. XLII. Later Colonial Developments . . . 176 

Chap. XLIII. Birth of the Nation.178 

Chap. XLIV. The Constitution.182 

SECTION II. 

ANALYSIS OF THE CONSTITUTION. 

Chap. XLV. Introductory.186 

Chap. XLVI. The Legislative Department .... 188 
Chap. XLVII. Powers and Duties of Congress . . . 199 

Chap. XLVIII. How Laws Are Made.204 

Chap. XLIX. Legislative Powers of Congress . . . 207 

Chap. L. Prohibitions on the National Govern¬ 
ment .218 

Chap. LI. Prohibitions on the States .... 222 

Chap. LII. Executive Department .225 

Chap. LIII. Powers and Duties of President . . 234 

Chap. LIV. Judicial Department.243 

Chap. LV. Relations of the States.249 

Chap. LVI. Amendment and Miscellaneous . . 254 

Chap. LVII. The Amendments.259 












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PART I. 

SUBORDINATE GOVERNMENTS. 


SECTION L 

Government in General. 

CHAPTER I. 

INTRODUCTORY. 

Government Defined. —Government as ap‘ 
plied to mankind is a system of rules, either written 
or unwritten, intended to control and benefit all. 
Government is older than civilization, beginning 
when men in their savage state first began to as¬ 
semble in families or communities. It is probable 
that family government was the earliest form of 
government, and it continues the most general 
form of government to-day. Every child is famil¬ 
iar with its workings and understands more or 
less fully its underlying principles. Tribal govern¬ 
ment, no doubt, followed family government, and 
was a step toward civilization. As civilization ad¬ 
vanced government became more extensive and 
complex, until it has become the greatest study of 
the students of the world. 





2 


CIVIL GOVERNMENT 


Points for Development— Why is government neces¬ 
sary? What is anarchy? What is the result of good fam¬ 
ily government? Is tribal government to be found to-day? 

Civil Government. —civil government as a 
science is in its broadest sense a study of all the 
laws of all nations as adopted or accepted as a 
guide to the outward conduct of man to man. In 
its more limited sense it is the study of a few of 
the more general principles of law with which 
every good citizen should be familiar in order to 
understand thoroughly his duty to his government 
and to his fellow man. In a still more limited 
sense is it treated in this book, much the larger 
part of the work being devoted to that which will 
tend better to lit the pupils of our schools to be¬ 
come citizens of North Dakota. 

Points for Development. —why is the study of civil 
government in our public schools important? Who will 
be the public officials twenty-five years hence? Why should 
girls study civil government? Give a definition of a good 
citizen. 


CHAPTER II. 


GOVERNMENTS CLASSIFIED. 


Kinds of Government. —in a treatise on civil 
government only two kinds of government need to 
be considered at the present day. Theocracy, plu¬ 
tocracy, aristocracy, oligarchy, and kindred forms 
are no longer in existence. Even democracy in its 
fullest sense is not to be found. The two forms 
of government prevailing throughout the world to- 





FOR NORTH DAKOTA 


3 


day are monarchy and republic. Monarchies are 
divided into tvvo classes, absolute and limited. Of 
the former class but few remain in the civilized 
world. The latter approach so near the republic 
that their civil government becomes almost identi¬ 
cal. It is therefore with the civil government of 
republics that we shall deal almost wholly. 

Points for Development. —What are theocracy, plutoc¬ 
racy, aristocracy, oligarchy, democracy, patriarchate? Name 
two absolute monarchies in Europe. How do these two 
compare in civilization and progress with the other coun¬ 
tries of Europe? Why have governments tended from ab¬ 
solute monarchies towards republics? Is family govern¬ 
ment a monarchy or republic? 

Monarchy. —A monarchy is a country whose 
chief ruler or monarch is designated by the title of 
king, emperor, kaiser, czar, or by some similar title. 
His authority continues during life and usually de¬ 
scends to some one of his family. An absolute 
monarchy is one in which the monarch has abso¬ 
lute control of all the affairs of the nation and is 
not restricted in any of his acts by laws of the 
country. A limited monarchy is one in which the 
chief ruler is restricted in his acts by laws enacted 
by representatives of the people, and in this re¬ 
spect is like the republic. 

Points for Development.— Name the titles of the 
rulers of the principal monarchies of the world. Define 
a hereditary monarchy. Name a monarchy that is not 
hereditary. Name the two principal limited monarchies of 
Europe. What American countries are connected in gov¬ 
ernment with European monarchies? Name the present 
monarchs of Europe. 


4 


CIVIL GOVERNMENT 


Republic. —A republic is a country whose chief 
ruler is elected by the people or their representa¬ 
tives for a term of years and whose laws are made 
by representatives elected by the people. In this 
form of government the people are the real rulers. 
They simply delegate to a chosen few of their own 
number the power for a time to make and execute 
their laws. In this way laws are more likely to be 
secured which are acceptable to the majority of 
the people. The nations of the world are tending 
toward republican forms of government. The 
most civilized nations are republican in reality, if 
not in name. Of the republics the most conspic¬ 
uous example is the United States. 

Points for Development. —Name the two great repub¬ 
lics. What is the usual title of the chief executive of a 
republic? What was the last monarchy in America, when 
did it become a republic, and who was its last emperor? 
Why do republics prevail in the western hemisphere, while 
monarchies prevail in the eastern? 

United States and its Divisions. —The United 

States as a republic is divided into various states 
and territories, and newly acquired possessions not 
yet fully organized. The states and territories 
are again divided into counties, these counties for 
the most part are divided into commissioner dis¬ 
tricts and townships, and in some cases the town¬ 
ships are divided info school districts, each and all 
of which are republican in their forms of govern¬ 
ment. It is with these republics that we have 
principally to deal in this treatise, and it has 
seemed best to begin with the smallest subdivis- 


OR NORTH DAKOTA 


5 


ions, with which the pupils are most familiar, 
gradually following up through the other divisions, 
until we see all united in the national govern¬ 
ment. Therefore, the order in which they will 
here be treated wdll be, the school district, the 
towmship, the village or city, the county, the state, 
and the nation. 

Points for Development. —Name the territories. Why 
is it better that the country is divided into states? Give 
reasons to prove that a township has a republican form of 
government, and is the nearest approach to a democratic 
form of government that now exists. 


SECTION II. 

The School District. 


CHAPTER III. 


SPECIAL DISTRICTS. 


Districts Classified.—in North Dakota there 

are three classes of school districts, special dis¬ 
tricts, independent districts, and common school 
districts. 

Points for Development. —What is the prime object 
of education? Are our schools free schools in every re¬ 
spect? Do all the states have free schools? What is the 
percentage of illiteracy in North Dakota? In which class 
of districts do you live? 

Special Districts Classified. —Under special 
districts there are two classes, those that are oper¬ 
ating under special acts of the territorial legisla¬ 
ture, and those which are operating under a gen¬ 
eral law for such districts. Of the former there 
are only a few districts at the present time re¬ 
maining under special charters, most of them hav¬ 
ing since statehood reorganized under the general 
law. The latter includes all cities and incorpo¬ 
rated towns and villages w^hich were formerly 
organized under the general school laws and were 
provided with a board of education. 





fOR NORTH DAKOTA 


7 


Points for Development. —What was the territorial 
legislature? How many special districts in your county? 
Were any of them organized under special act? 

Special Districts; How Formed. —Any city 

or incorporated town or village having a certain 
population or any city organized under a special 
act, may become a special district under the gen¬ 
eral law. If the city, town, or village is part of a 
school district already organized, a petition signed 
by a certain percentage of the voters of the district 
must be presented to the county superintendent, 
and thereupon he calls an election to decide the 
question of organization. If said city, town, or 
village is all of the school district the petition 
must be presented to the council or board of trus¬ 
tees. 

Points for Development _What population is neces¬ 

sary to the formation of a special district? What propor¬ 
tion of the voters must sign the petition to the county 
superintendent? To the council or trustees? How is the 
election conducted in each case? What cities, towns, or 
villages in your county, not now special districts, might 
become so? What is a council or board of trustees? 

Officers of Special Districts. —The school 

board shall consist of five members who shall be 
elected on the third Tuesday in June for three 
years, except in case of first election. The board 
shall elect a president from its own members, and 
a clerk, not one of its own members. The treas¬ 
urer of the city, town, or village, shall be the treas¬ 
urer of the special district. 

Points for Development.— For what terms are the 
officers elected at the first election? (See School Law.) 


8 


CIVIL GOVERNMENT 


What is the advantage of five rather than three members 
of the board? 

Advantages of Special District. —The laws 

governing the sfiecial district enable the school 
board to establish a system of graded schools, to 
maintain a high school, to purchase sites and erect 
school buildings, to impose upon teachers further 
requirements than those imposed by the county su¬ 
perintendent. No teacher can be employed who 
does not hold a county or state certificate. 

Points for Development. —What are graded schools? 
How many grades below the high school? How may 
school house site be obtained when the owner is not will¬ 
ing to sell? 


CHAPTER IV. 


INDEPENDENT DISTRICTS. 


Cities May Become Independent Dis- 

triers.—Any city formerly organized for school 
purposes under a special law and i)rovided with a 
board of education may become incorporated as an 
independent school district. 

Points for Development. —Are there any independent 
districts in your county? 

Independent District; How Formed.—An^ 

city organized for school purposes as stated above 
may become an independent district as follows: A 
petition signed by one-eighth of the voters of such 
city, asking for the establishment of such inde¬ 
pendent district, must be presented to the pity 





POR NORTH DAKOTA 


9 


council, who, on receiving such petition, shall call 
a meeting of the voters to vote upon the question, 
and a majority of all the votes cast shall be neces¬ 
sary to authorize the establishment of such dis¬ 
trict. 

Points for Development. —Prepare a notice to call a 
meeting to vote upon the question of establishing an inde¬ 
pendent district. 

Officers of Independent Districts.—The 

school board shall consist of one member from each 
ward of the city, and if there be an even number of 
wards, one member elected at large, and in cities 
of three wards, two members at large. The elec¬ 
tion shall be held on the third Monday in April. 
The board shall elect one of its own members presi¬ 
dent and shall elect a secretary who may or may 
not be a member of the board. The treasurer of 
the city shall be the treasurer of the independent 
district. 

Points for Development. —What is a city ward? What 
does it mean by elected at large? 

Advantages of Independent District.—The 

advantages accruing from the special district are 
also applicable to the independent district. Some 
further powers are conferred upon the board of 
education, so that prompter action is secured in 
cases of emergency. The board has power to issue 
bonds; also to employ and remove teachers at 
pleasure, which would seem to indicate that the 
teachers of such schools are removed from the 
judisdiction of the county superintendent. 


10 


CIVIL GOVERNMENT. 


Points for Development.— Why is prompt action 
often more necessary in a city than in a country district? 
Is it an advantage or disadvantage to the independent dis¬ 
trict to have the teacher removed from the jurisdiction of 
the county superintendent? Why? 


CHAPTER V. 


COMMON SCHOOL DISTRICTS. 


Common School Districts Classified.—By 

far the larger part of the schools of North Dakota 
are acting under the general school law and may 
for convenience be classed as common school dis¬ 
tricts. These are divided into two classes, or sys¬ 
tems, designated as the district system and the 
township system. 

Points for Development. —What is a general law? Is 
your school under the district or township system? Why 
are there the two systems? Give the various steps for the 
organization of a new school district. 

District System. —in the district system the 
size and shape of the district is not limited, but 
usually contains only sufficient territory to support 
one school. It is usually irregular in form and 
may include in its limits parts of two or more 
townships. Its boundaries may be changed by 
vote of the county commissioners upon petition 
of voters residing within the limits of the proposed 
change. Only a few counties of the state have 
the district system. 





POR NORTH DAKOTA 


11 


Points for Development. —What counties of the state 
have the district system? Draw sectional map of your 
school district, locating in it your school house, if you 
live in district county. Prepare a petition for change of 
boundary of school district. 

Township System. —in the township system 
the township is the basis of the school district and 
the limits of the township are the limits of the dis¬ 
trict, unless natural barriers practically prevent 
children from attending school in the township in 
which they reside. In such case a portion of a 
township may be attached to another township for 
school purposes. In all other cases the district 
must not be less than the congressional township, 
and in many cases includes two or more townships. 
In this system there are usually several schools in 
each district. 

Points for Development. —if hv© in a township 

district draw sectional map of same and locate all the 
schools in the district. Are any of the districts of your 
county larger or smaller than a congressional township? 
Is there territory in your county still unorganized into 
school districts? 

Similarity of the Systems. —Although these 
two systems differ in respect to method of organi¬ 
zation, size, and form, yet there is no material 
difference in the laws regulating the control of the 
same. The officers are the same, they have the 
same duties, the teachers are governed by the same 
regulations, and the schools are subject to the 
same requirements. Therefore the details of the 
two systems will be treated together. 


12 


CIVIL GOVBRNMBNT. 


Points for Development— How many schools are 
necessary for the convenient accommodation of the chil¬ 
dren in an ordinary township? Draw plat and locate such 
schools. 

Advantages and Disadvantages of the 
Two Systoms. —The district system has the ad¬ 
vantage that each community has the control of its 
own school, and in many ways can make rules and 
regulations advantageous to the local conditions. 
On the other hand, the township system has the 
advantage of securing better officers, having a large 
field to choose from, also of being less costly, one set 
of officers having control of several schools. 

Points for Development. —Can you name any further 
advantages to be gained by either system? In the town¬ 
ship system can a child in any part of the district attend 
any school in the district that he pleases? 

Consolidation of Schools. —During the past 

few years there has been much discussion of 
the question of consolidation of the rural schools. 
Some districts have tried the method, by building 
a central school house, grading the school to some 
extent, employing two or three teachers, where 
from four to six were formerly employed, accord¬ 
ing tO' the number of schools in the district, and 
conveying the pupils in carriages regularly pro¬ 
vided for that purpose. 

Points for Development. —^.re there any consoli¬ 
dated schools in your county? What are the advantages 
of consolidated schools? Disadvantages? Would the plan 
work to better advantage in the township or district sys¬ 
tem? 


POR NORTH DAKOTA 


13 


CHAPTER VI. 


SCHOOL BOARD. 


Officers of Common School Districts.—The 

officers of a common school district consist of 
three directors, a treasurer, and a clerk. 

Points for Development. —Discuss the advantages of 
having only three officers, one of the directors serving as 
president, one as treasurer, and the other as clerk. 

Qualifications of Officers. —The directors 
and treasurer must be qualified electors of the 
district in which they are elected. The clerk 
should also be an elector. Women qualified to 
vote on school questions are qualified to hold the 
office of director, treasurer, or clerk. 

Points for Development.— Who are electors? What 
qualifications must women have to vote? 

Election of Officers. —The annual school elec¬ 
tion is held on the first Tuesday of June, at which 
time one director is elected, and in even numbered 
years a treasurer. Also if a vacancy in the office 
of director or treasurer has occured during the 
year some one must be elected to fill the unexpired 
term. The polls for election of officers shall be 
open from 2 o^clock p. m, to 5 o’clock p. m. 

Points for Development. —Why is not the election of 
school officers held in November with other elections? De¬ 
fine polls. 

Notices of Election. —At least fifteen days 
before the first Tuesday of June the school board 




14 


CIVIL GOVERNMENT. 


shall designate a polling place convenient for the 
voters, which place is usually the school house, and 
shall cause a notice of the election to be posted in 
three or more conspicuous places in the district. 

Points for Development.— Fill out properly a notice 
of election. Whose duty is it to post the notices? 

Election; How Conducted. —There should be 
two judges and two clerks at every school election. 
Any two of the directors may act as judges, and the 
clerk of the school board as one clerk and the 
other clerk may be selected by the voters present 
at the opening of the polls. If the directors or 
clerk be absent, those present at the opening of 
the polls may select others to fill the places of 
judges and clerks. Ballots may be written or 
printed and should have on them above the name 
of person voted for, the name of office; for instance, 
^^Director for three years,’’ ^‘Treasurer for two 
years,” or in case of filling vacancy, ^^Director for 
one (or two) years,” ^Treasurer for one year.” 

Points for Development. —Organize an annual school 
election among the pupils, going through with the whole 
process, from the posting of the notices to the canvassing 
of the votes. Is an election legal, if fewer than four per¬ 
sons he present? 

Canvass of Vote. —As soon as the polls are 
closed the judges must proceed to count the votes, 
and the persons receiving the highest number for 
each office shall be declared elected. In case of a 
tie vote those having the same number of votes 
shall agree among themselves the manner of de- 


FOR NORTH DAKOTA 


15 


ciding the election, and within three days must 
meet and decide, by lot or otherwise, which of them 
shall hold the position. 

Points for Development. —canvassing the vote does 
the term “highest number” mean majority or plurality? 
Illustrate with figures the difference between majority and 
plurality. 

Term of Office. —^The term of office of direct¬ 
ors is three years, of treasurer two years, and of 
clerk during the pleasure of the board. In the 
first election in a new school district, one director 
is elected to serve until the first annual election, 
one until the second, and one until the third an¬ 
nual election. The treasurer is elected to serve 
until the next even numbered year. 

Points for Development. —elect all three of 
the directors in the same year for a term of three years? 
Discuss the question of longer or shorter terms for direc¬ 
tors or treasurer. 

Meetings and Organization of School 

Board. —The school board shall meet regularly 
four times a year, on the second Tuesday of Janu¬ 
ary, April, July, and October. At the regular 
meeting in July of each year they shall organize 
by electing one of their number president, and 
some person, not of their number, clerk. They 
may hold special meetings at the call of the presi¬ 
dent or of the other two members. 

Points for Development.— Why does the board orga¬ 
nize in July of each year? If the district has a graded 
school, how often should the board meet? 


IG 


CIVIL GOVERNMENT. 


Compensation of School Officers. —Each di¬ 
rector is entitled to eight dollars a year, but must 
forfeit from this sum two dollars for every regu¬ 
lar meeting that he fails to attend. The salary of 
the treasurer and clerk is fixed by the school 
board and the treasurer shall receive not less than 
five nor more than twenty-five dollars, and the 
clerk not less than ten nor more than forty dollars 
per annum. Judges and clerks of annual election 
are not entitled to compensation. 

Points for Development. —^Reasons for and against 
salaries for directors. What are the salaries of treasurer 
and clerk in your district? What is the compensation of 
school officers when attending directors’ meetings? 


CHAPTER YII. 


DUTIES OF SCHOOL OFFICERS. 


Duties of School Board. —The school board 
is the legislative or law-making body of the school 
district. They have the care and control of all the 
property belonging to the district. It is their duty 
to organize and maintain one or more schools in 
the district, to see that all necessary repairs to 
school property are made, and to furnish necessary 
fuel and supplies for the schools. They shall em¬ 
ploy teachers and may dismiss them for violation 
of contract, immorality, or neglect of duty. It is 
their duty to provide for the maintenance of school 
the lawful number of months each year, and for 
that purpose shall, prior to the twentieth day of 





POR NORTH DAKOTA 


17 


July in each year, make a levy upon the property 
of the district not to exceed thirty mills on the dol¬ 
lar. They shall see that all school laws of the 
state relating to the common school districts are 
enforced, and shall carry out all lawful enact¬ 
ments of the voters of the district. 

Points for Development. —Who should be elected as 
directors? Who are the directors of your district? Can 
the board delegate its authority to any one member or to 
the clerk to engage a teacher? What are enactments of 
the voters? Can you name any duties of school boards not 
enumerated above? How much is the school levy in your 
district this year? 

Duties of President of Board. — it is the 

duty of the president to preside at all meetings of 
the board, to see that the clerk carries out all or¬ 
ders of the board, and to sign all contracts and 
warrants. He is the chief executive officer of the 
district. 

Points for Development. —What are warrants? What 
is an executive oflEicer? 

Duties of the School Treasurer. —it is the 

duty of the treasurer to give a bond to the school 
district, either signed by two or more securities to 
be approved by the board, or executed by a surety 
company when required by resolution of the board, 
and drawn in an amount not less than double the 
money likely to come into his hands in any one 
year. He shall pay all warrants when presented 
if there is any money in his hands or subject to his 
order. He shall make a written report to the 
school board at the close of each school year, copies 


18 


CIVIL GOVERNMENT. 


of which must be filled in the offices of the district 
clerk and the county superintendent. 

Points for Development. —With whom is the treas¬ 
urer’s bond filed? Do warrants draw interest if not paid 
when presented to the treasurer for payment? What sort 
of a person should be selected for treasurer? What are 
securities? 

Duties* of the Clerk. —The clerk, as his title 
implies, is to keep a record of all the proceedings 
of the board, and under the direction of the presi¬ 
dent is to see that the school laws of the state and 
the provisions of the district and board are carried 
out. He must make an enumeration of all the chil¬ 
dren between the ages of six and twenty in the dis¬ 
trict at a certain specified date each year and trans¬ 
mit a copy of the same to the county superinten¬ 
dent. At the close of each school year he shall 
make out an itemized statement of the condition 
of the district, a copy of which, after being ap¬ 
proved by the school board, must be sent to the 
county superintendent. He shall keep on file all 
books and papers of the district. The clerk is often 
the chief adviser of the school board and the most 
influential officer in the district and should, there¬ 
fore, be selected with much care. 

Points for Development. —what sense is the clerk 
an executive officer? Secure a copy of the clerk’s last re¬ 
port and discuss its various items. What books are neces¬ 
sary for the school officers? Are these books furnished by 
the state? Give the chief requisite of a good clerk. Se¬ 
cure copies of all blanks used in clerk’s office and discuss 
each. 


FOR NORTH DAKOTA 


19 


Vacancies; How Filled. — a vacancy is 
caused by resignation or death of any officer, by 
his permanent removal from the district, or by his 
refusal or neglect to perform his duty or to qualify 
according to law. A vacancy in the office of presi¬ 
dent or clerk must be filled by the school board, 
and this may be done at any regular or special 
meeting of the board. A vacancy in the office of 
director or treasurer must be certified by the clerk 
to the county superintendent, who will appoint 
some person to fill the vacancy until the next an¬ 
nual school election, at which time the district 
must elect to fill the unexpired term. 

Points for Development. —Write a letter of resigna¬ 
tion as director or treasurer. When does a resignation go 
into effect? Give an example of neglect to perform duty. • 
Organize a school board,' elect officers, report proceedings 
on proper blanks to county superintendent, fill vacancies or 
report such as the case may require. 


CHAPTER VIII. 


TEACHERS. 


Qualifications of Teachers. —Teachers in the 
common schools and in the special districts operat¬ 
ing under the general law must have the following 
qualifications: They must possess a good moral 
character, must be at least eighteen years of age, 
must hold a certificate or permit to teach in this 
state, and must have a written contract signed by 
the president and clerk of the school board. 





20 


CIVIL GOVERNMENT. 


Points for Development. —Name other qualifications 
necessary in a good teacher. Can a teacher collect salary 
if he teach without a certificate? without a written con¬ 
tract? Why is eighteen selected as the age necessary to 
qualify one for teaching? Should a teacher before receiv¬ 
ing a certificate have professional training? 

Examination of Teachers. —Examinations 
are held by the county superintendents on the 
second Friday of March, and the last Friday of 
May, August and October. Questions are supplied 
for these examinations by the state superinten¬ 
dent. Each applicant for a certificate pays two 
dollars, and all examination papers are sent to the 
state department for reading and marking. Certi¬ 
ficates are issued by the department of public in¬ 
struction and transmitted through the county 
superintendent’s office to the teachers. 

Points for Development. —Under what conditions may 
a county superintendent refuse to grant a certificate issued 
by the department of public instruction? Why should 
private examinations not be held? Should examinations 
be more frequent or not so frequent? Secure lists of ex¬ 
amination questions for the pupils to study. 

Grades of Certificates. —County certificates 
are of three grades, first, second, and third. In 
addition to these a permit may be given to any one 
who can show good reason for not being present 
at the last examination, or until result of examina¬ 
tion is known. For a first grade certificate a candi¬ 
date must have taught at least twelve months, 
must be twenty years old, and must pass an exami¬ 
nation in reading, writing, orthography, language, 


FOR NORTH DAKOTA 


21 

grammar, geography, United States history, arith¬ 
metic, civil government, physiology and hygiene, 
physical culture, theory and practice of teaching, 
physical geography, physics, psychology, algebra, 
and geometry. For second and third grade the ap¬ 
plicant must be eighteen years of age, but may not 
have taught; he must pass in all but the last five 
branches mentioned above. The percentages re¬ 
quired to pass are prescribed by the superintendent 
of public instruction. 

Points for Development. —county certificates 
valid in other counties than those in which they are issued? 
For how many years are certificates valid? What percent¬ 
ages are now required to pass? 

Duties of Teachers. —All teachers shall teach 
the branches prescribed in the course of study for 
the common schools as soon as the pupils are suf¬ 
ficiently advanced to pursue the same, and shall 
give special instruction in the subject of physiology 
and hygiene on the topic of alcoholic drinks, stimu¬ 
lants, and narcotics. They should give notice to 
county superintendent of opening and closing 
school, keep the register complete in every particu¬ 
lar, and make out a full report to the clerk and 
county superintendent at the end of the term. Thej* 
can not receive the last month’s salary until such 
reports are approved by the county superintendent. 
They are required to attend institutes, training 
schools, and teachers’ associations. The school 
month, day, etc., as prescribed by law or custom 
are as follows: School month, twenty days; school 
week, five days; school day to begin at 9 o’clock in 


22 


CIVIL GOVERNMENT. 


the morning and continue until noon with an in¬ 
termission of fifteen minutes; afternoon session to> 
begin at 1 o’clock and continue until 4 o’clock with 
same intermission as in forenoon. 

Points for Development. —Name other duties of teach¬ 
ers. Why is there a special provision in regard to alcoholic 
drinks, etc? What are the principal items in a teacher’s 
report? What are the penalties for failure to attend in¬ 
stitute or association? 

Rights of Teachers. —Teachers have the right 
to receive their salary at the end of each month 
except the last, to govern the school in any reason¬ 
able manner without interference from patrons, to 
suspend pupils for cause for not more than five 
days, to read the Bible in school each day without 
sectarian comment, and to have as holidays besides 
Saturdays and Sundays all state holidays, which 
are: eTan. 1, Feb. 12, Feb. 22, May 30, July 4, Dec. 
25, every day on which an election is held through¬ 
out the state, and every day appointed by the presi¬ 
dent or governor for a public fast, thanksgiving, or 
holiday. 

Points for Development. —Should a teacher use cor¬ 
poral punishment in the government of a school? Who 
are patrons of schools? What should be a good cause for 
suspension of a pupil? Has a teacher a right to teach 
on a holiday to “make up” for some day lost? 


OHArTER IX. 

SUPPORT OF SCPIOOLS. 

Schools; How Supported. —Schools are sup¬ 
ported from four different sources, by bonding, by 





POR NORTH DAKOTA 


23 


direct levy, and by state or county tuition fund. 
The fund obtained from bonding is supposed to be 
used in the purchase of sites, erection of buildings, 
etc., while that obtained from the other various 
sources is for the most part used in paying teach¬ 
ers^ salaries, interest on bonds, and incidental ex¬ 
penses connected with the schools from year to 
year. 

Points for Development. —^what is a site? who owns 
the sites and buildings? Name some incidental expenses. 
When was your school house built? At what cost? 

Bonds; How Issued. — Bonds in common 
school districts and in special districts operating 
under the general law can be issued only by vote 
of the electors of such districts. The debt limit 
in such districts, including bonds and all other 
debts, can not exceed five per cent of the assessed 
valuation of the district. In independent school 
districts bonds are issued by order of the school 
board instead of by vote of the people. 

Points for Development. —is district bonded? 

For how much?- When due? How will the bonds be paid? 
Why should bonds not exceed a certain per cent? What is 
the valuation of your district? For how much could your 
district bond? 

Direct Levy. —The school boards of common 
school districts and special districts operating un¬ 
der the general law make an estimate each year of 
the amount of money needed for the use of the 
schools for the next year, deduct from this the 
amount likely to come in from the tuition funds, 
and then make a levy on the property of the dis- 


24 


CIVIL GOVERNMUNT. 


trict not to exceed thirty mills to the dollar. This 
levy is certified to the county auditor immediately 
after the twentieth day of July and such levy is 
collected as other taxes of the county. 

Points for Development. —How much did your school 
board levy last July? About how much do your schools 
cost each year? How much might be levied this year? 
Who collects the school tax? How much would be the 
school tax on a thousand dollars’ worth of property in your 
district this year? 

state Tuition Fund. — The schools of the 

state are supported to quite an extent by what is 
called the state tuition fund. This fund is distri¬ 
buted to the counties quarterly by the state depart¬ 
ment, each county receiving its proportionate part 
according to the number of children of school age 
residing in the county at the time of the last 
enumeration. The amount received by the schools 
from this source is already large and is increasing 
from year to year. This fund is from various 
sources, but has been classified under two heads, 
fund from interest and income, and fund from fines, 
etc. 

Points for Development. —How many children of 
school age in your district? In your county? In the state? 
How much was the state tuition fund per child last year? 
How much did your district receive? Are married persons 
under twenty years of age enumerated? 

Interest and Income. —The interest and in¬ 
come fund is derived from the school lands of the 
state. In every township in the state sections 16 
and 36 are set apart by national law to be used 


FOR NORTH DAKOTA 


25 


exclusively for the support of the common schools 
of the state. In case either of these sections had 
been taken before the government survey was 
made, some other sections were selected. This 
land is either leased or sold. It can not be sold 
for less than ten dollars an acre, and, therefore, 
only a small part of it has yet been sold. The 
proceeds from the sale of these lands must be in¬ 
vested by the state and is known as the permanent 
school fund; for, if any portion of the investment 
be lost, the state must make it good. The interest 
accuring form the permanent fund and the income 
from the leases of all land not sold constitute the 
interest and income fund apportioned quarterly to 
the common schools. 

Points for Development-— k)raw a township and mark 
the school sections. Have the school sections in your 
township been sold? Was any part of them taken before 
the survey was made? Who are living on the school sec¬ 
tions in your township? If they are sold, how much was 
received for them? If leased, what is the annual rental? 
How is most of the permanent fund invested? At what 
rate? 

Fines, Etc. —The state tuition fund is some¬ 
what increased each year by fines, etc. All fines 
for violation of state laws and any miscellaneous 
sums of money not belonging to any other state 
fund, belong to this portion of the fund. 

Points for Development.— Name some fines that go 
into the state tuition fund. 

County Tuition Fund. —Another source of 
income to the schools is the county tuition fund. 


26 


CIVIL GOVERNMENT. 


It consists of a two mill tax on all the taxable 
property and of a one dollar tax on every elector 
in each county. The latter is called a school poll 
tax. 

Points for Development.— Compare the amount of 
state and county tuition fund in your county. How many 
school polls in your county? 


CHAPTER X. 


ATTENDANCE, TEXT-BOOKS,, FLAGS. 


School Attendance. —Every child in a com- 

mon school district, between the ages of six and 
twenty, is entitled to attend the schools of the 
district and to receive instruction in the branches 
of the prescribed course of study for common 
schools, but is not entitled to instruction in any 
other branches. Every child between the ages of 
eight and fourteen in any district is obliged to at¬ 
tend school during the entire time the public 
schools of such district are in session each year, 
unless for one of the following reasons: That 
the child is taught in some approved private 
or other public school for the same length of time; 
that the child has already acquired the branches 
taught in the schools; that the child has physical 
or mental disability; that the child resides more 
than two and one-half miles from the nearest 
school in the district; or that the child is actually 
necessary to the support of his family. 





FOR NORTH DAKOTA 


27 


Points for Development. —should not a pupil he 
entitled to instruction in the higher branches in the com¬ 
mon schools? May any language except English he taught? 
What is compulsory attendance? Why should it be en¬ 
forced in a free country? Is it enforced in your district? 

Compulsory Attendance; How Enforced. 

—It is the duty of all parents and guardians to se¬ 
cure the attendance of their children as required 
by law, but in case of failure on the part of the 
parent or guardian, then it is the duty of the 
state’s attorney of the county to bring action 
against such parent or guardian through the courts 
and upon conviction, such parent or guardian is 
subject to a fine of not less than five nor more 
than twenty dollars, and for the second offense, of 
not less than ten nor more than fifty dollars. The 
state’s attorney in such cases acts upon the informa¬ 
tion laid before him by the county superintendent 
of schools, and it is the duty of each school clerk 
to inquire into all cases of non-attendance and re¬ 
port the facts to the county superintendent. 

Points for Development. —Chve some reasons that 
parents might have for not complying with the compul¬ 
sory law. Is the fact that a child is necessary to the sup¬ 
port of his family a valid reason that he should not be 
required to attend school at all? Is the law well enforced 
in your district? 

Free Text-Books. —district may supply 
free text-books to its pupils on the following con¬ 
ditions: Whenever the school board believe it to 
be to the advantage of the schools, they may sup¬ 
ply from the funds of the district free text-books 


28 


CIVIL GOVBRNMHNT. 


and all other supplies needed in the schools of the 
district. And the board must furnish such free 
text-books and supplies when petitioned to do so by 
two-thirds of the legal voters of the district. 

Points for Development. —What are the advantages 
of free text-books? Would free text-hooks be more bene¬ 
ficial to the rich or to the poor? Make out a free text¬ 
book petition. 

Flags for Schools. —Every district is required 
by law to pm’chase a flag for each school house in 
the district, and such flags are to be displayed each 
school day in seasonable weather. 

Points for Development. —^What is the object of a fla^ 
in every school? Does your district comply with the fiag 
law? What is a good size for a school fiag? 


SECTION III. 

The Township. 


CHAPTER XI. 
CONGRESSIONAL TOWNSHIP. 


Origin of the Township. —During the settle- 
merit and development of the eastern states the 
people assembled into communities and organized 
local governments. A;s other local gjovemments 
sprang up, the people on the lands around the 
centers of these governments naturally desired to 
attach themselves to one or another of these 
govejrnments. Therefore lines were agreed upon 
separating the various political divisions. These 
divisions were necessarily irregular in size and 
shape, but were for the most part convenient in 
size for all the inhabitants thereof to meet together 
to make their laws. When the government survey 
was begun, investigation was made, and it was 
found that the most convenient size of these di¬ 
visions for political purposes was about six miles 
square. So all lands that were not then settled 
and divided were laid out into tracts six miles 
square. The tracts in the east are called towns, 
in the south they are sometimes called parishes, 
while those in the west are called townships, and 
are designated as congressional townships and civil 
townships. 





30 


CIVIL GOVBRNMBNT. 


Points for Development. —why do people assemble 
into communities? What were the objects of the early 
governments in the New England states? When all the 
people meet together to make laws, what is the govern¬ 
ment called? 

Congressional Townships; How Laid Out. 

—About the time of the adoption of the constitu¬ 
tion plans were developed for the government sur¬ 
vey of the unoccupied lands. From that time pub¬ 
lic lands have been surveyed in advance of settle¬ 
ment as fast as it seemed to be needed. By this 
survey the lands are divided into squares as nearly 
as possible, about six miles on each side. As a 
starting point for the survey a principal meridian 
must be chosen and a base line crossing it at right 
angles. The first principal meridian selected now 
forms the western boundary of Ohio. North Da¬ 
kota was surveyed from the fifth principal meri¬ 
dian, which passes through the mouth of the Ar¬ 
kansas river. The base line from which North 
Dakota is surveyed passes just south of Little 
Rock, Arkansas. Congressional townships, as these 
government divisions are called, are numbered east 
and west from these principal meridians, and north 
and south from the base lines. Rows of these di¬ 
visions running east and west are designated as 
townships, and running north and south as ranges. 

Points for Development.— What is the object of 
government survey? Has all of North Dakota been sur¬ 
veyed? Is your county all surveyed? What is the longi¬ 
tude of the fifth principal meridian? Draw map of your 
county and divide it into congressional townships. Num¬ 
ber the townships and ranges. How many miles is your 


FOR NORTH DAKOTA 


31 


township north of the base line? About how many miles 
west of the principal meridian? 

Why Townships are Not Square.—The 

north and south boundaries of townships, since 
they follow parallels of latitude, are equally distant 
from each other at all points, while the east and 
west boundaries, since they follow meridians of 
longitude, are constantly approaching each other 
toward the pole. To avoid to some extent this 
constant narrowing, a correction is made every 
twenty-four miles, and this line is called the cor¬ 
rection line. But townships will always be a little 
narrower at the north than at the south. 

Points for Development. —is there a correction line 
in your county? Indicate it on your map of the county. 
How much of a correction is made in your county? Find 
out the exact dimensions of your township. Divide it into 
sections and number them properly. 

Congressional Townships; How Divided. 

—The congressional township is divided into thirty- 
six smaller squares called sections. Each section 
contains about one square mile and is again sub¬ 
divided into quarter sections. Posts are placed at 
the corners of sections as well as at the quarter 
lines. Quarter sections are sometimes divided into 
what are called eighties or forties. 

Points for Development. —Draw sectional map of the 
township in which you live. Locate the section on which 
you live, the quarter, and the site of the house. Designate 
each by its proper reading. Divide a section into eighties 
and forties and designate each by its proper reading. What 
reading is there on the section posts or stakes? What on 


32 


CIVIL GOVBRNMBNT. 


the quarter posts? Do those on the township and range 
lines have the same markings? If lost, could one locate 
himself by the reading on the posts? 


CHAPTER XII. 


CIVIL TOWNSHIP. 


Origin of Civil Township. —When the people 

in a congressional township become numerous 
enough to feel the need of some common improve¬ 
ments, such as building bridges, improving roads, 
etc., they often desire to have an organization of 
their own for those purposes. Hitherto they have 
been under the general government of the county, 
with little influence over matters pertaining to the 
welfare of their special township. At the sanm 
time they are aware that the new privileges which 
they will acquire will also cause them new costs, 
so they are not always anxious to become a sepa¬ 
rate organization until their numbers and property 
are such that they can easily afford the extra ex¬ 
pense. In fact in some counties of the state all, 
or nearly all the townships, are still congressional 
townships. The congressional township is in no 
sense a political division. When it becomes or¬ 
ganized into a political corporation it is called a 
civil township. A civil township sometimes con¬ 
tains more than one congressional township. 

Points for Development. —live in a civil town¬ 
ship? What is its size? What other reasons than those 
given might a township have to become organized? Are 





FOR NORTH DAKOTA 


33 


most of the townships of your county, civil or congres¬ 
sional? How many of each? What is a political division? 
Are there any civil townships in your county containing 
more than one congressional township? 

Civil Townships; How Organized. —The 

county commissioners alone have the power to 
organize a civil township. The assessed valuation 
of the township must exceed forty thousand dol¬ 
lars, and there must be residing within its limits 
at least twenty-five legal voters, a majority of 
whom must petition the commissioners for the 
organization of such township. The commissioners 
so petitioned must determine the boundaries and 
name the new township. If a majority of the 
voters have expressed a wish for a certain name, 
such name shall be adopted, otherwise the com¬ 
missioners shall select one. The commissioners 
shall appoint the place of the first township meet¬ 
ing, which must be held within twenty days after 
the township is organized. 

Points for Development. — ^what congressional town¬ 
ships of your county have the requisite number of voters 
to become civil townships? Make out a petition to the 
commissioners for organization of a civil township. Draw 
map of county, locating each civil township by name. When 
was your township organized? Who signed the petition? 
Why was it named as it is? Who were the first officers? 

Powers of Civil Township. —a civil town- 
ship is a legal corporation and has all the powers 
of corporations; to sue and be sued, to purchase 
and hold land, to make contracts, and to transact 
such business as may be deemed conducive to the 
interests of its inhabitants. 


34 


CIVIL GOVERNMENT. 


Points for Development— is a corporation? Un¬ 
der what conditions might a township desire to hold land? 
Name other powers of a civil township. 


CHAPTER XIII. 


TOWNSHIP MEETINGS AND OFFICERS. 


Township Meetings. —The annual meetings 
of the township are held on the third Tuesday of 
March and at a place selected by the voters at the 
previous annual meeting. At these annual meet¬ 
ings officers are elected and such other business 
transacted as may legally come before them, such 
as: to raise such sums of money as they may deem 
necessary for roads, bridges, poor, and other ex¬ 
penses, to establish rules and regulations for the 
benefit of the town, etc. Special meetings may be 
held whenever two or more of the supervisors, 
township clerk, and justices, of the peace, together 
with at least twelve freeholders of the township, 
file with the clerk a written statement that a 
special meeting is necessary. At such special 
meeting only such business can be transacted as 
was specified in the notices. 

Points for Development. —^Where does your township 
hold its meetings? Have you attended a township meet¬ 
ing? How much money was raised at your last township 
meeting? What special rules, or by-laws, has your town¬ 
ship? Who are freeholders? 

Township Meetings; How Conducted.— 

The meeting shall be opened between nine and ten 





POR NORTH DAKOTA 


35 


o’clock in the forenoon and closed whenver the 
business to come before it has been completed. If 
the clerk is present he calls the meeting to order. 
If not the electors present choose a temporary 
chairman. Three judges are also elected and duly 
sworn. A moderator shall then be chosen, and the 
clerk or some person elected in his absence shall 
act as clerk of the meeting. The moderator shall 
state the business of the meeting in the order in 
which it is to be considered. Before proceeding to 
election of officers proclamation shall be made of 
the opening of the polls, and a similar proclama¬ 
tion before the closing of the same. Likewise a 
proclamation will be made before the opening or 
closing of the polls of any election or balloting 
during the meeting. All the officers enumerated 
in the following section shall be elected by ballot, 
the names of all being placed on one ballot. The 
name of each person voting is recorded in the poll 
book. Votes are handed to the judges and by them 
deposited in the ballot box. The judges count and 
canvass the ballots and the clerk keeps the record 
of the same and at the close announces publicly 
the result. 

Points for Development. —Why are judges necessary 
at township meetings ? What are the duties of the modera¬ 
tor? Make out notice of township meeting, including all 
items of business that would generally come before such 
meeting. Organize and conduct a township meeting, tak¬ 
ing up such business as was contained in the notice. Is 
the township, so far as it is allowed to make laws for it¬ 
self, a democracy? In what sense is it a republic? 


36 


CIVIL GOVERNMENT 


Officers of Township— The officers of a civil 
township are three supervisors, a clerk, treasurer, 
assessor, two justices of the peace, two constables, 
and one overseer of highways for each road dis¬ 
trict in the township. Only one supervisor is; 
elected each year; except in case of first election or 
when a vacancy occurs. Supervisors are elected 
for a term of three years. Justices of the peace 
and constables are elected only once in two years. 
Any elector in the township is eligible to any office 
except assessor. All elected officers must takej 
the oath of office, and the clerk, assessor, treas¬ 
urer, justices, and constables must give bonds, thej 
bond of the assessor, justices, and constables to| 
be five hundred dollars, and that of the treasurer; 
to be double the amount of money he is likely to 
receive during his term. i 

Points for Development. —Who are the officers of| 
your township? How many electors in your township?.' 
What is the oath of office that is usually given? What aril 
officers’ bonds? Get a blank bond and fill it in properly.; 

Vacancies. —Vacancies are filled by the ap-l 
pointing board, which consists of the justices oi{ 
the peace and the board of supervisors. i 

Points for Development. —l^ow may vacancies bi 
caused? 

CHAPTER XIV. 

POWERS AND DUTIES OF OFFICERS. 

Powers and Duties of Supervisors.—The* 

township board shall meet at the office of the cleric 
or at the place of holding annual meetings, four 





FOR NORTH DAKOTA 


37 


1 times each year, on the second and fourth Tues- 
i day of March, the second Monday of June, and the 
f last Tuesday of October. These meetings shall 
, continue from ten o’clock a. m. to four o’clock p. 
i m. At these meetings they may approve bonds of 
' township officers, audit accounts, and transact 
I such other township business as does not belong 
to other township officers. Special meetings may 
■ be called in case of emergency, in which case the 
‘ clerk must give three days’ notice. It is the duty 
of the board to draw orders for the payment of 
j incidental expenses and for all purposes for which 
j money has been raised by the township. The 
board shall prosecute all actions for the township. 
Any two members of the board shall constitute a 
quorum for the transaction of business. 

Points for Development.— Why are special days desig¬ 
nated for the meetings of the hoard? Is there special busi- 
iness which must be transacted on any of these four days? 
I What does it mean by “audit accounts?” Importance of 
electing good business men as supervisors. What is meant 
by the term quorum? . 

I Duties of Clerk.— The clerk may administer 
loaths and take acknowledgments. He shall have 
[charge of all the record books and papers of the 
[township, and shall keep a record of the proceed- 
jings of all township or board meetings, 
i Points for Development.— What is an acknowledge 
Iment? Why are the records of a township important? 
Should the qualifications of a clerk differ from those of a 
supervisor? 

Duties of Treasurer. —The township treasur^ 
er shall have charge of all moneys belonging to the 





38 


CIVIL GOVBRNMBNT 


township and shall pay them out at the order of 
the proper township officers. He shall keep a 
true account of all moneys received and disbursed 
by him, and within five days preceding the annual 
township meeting shall file with the clerk a com¬ 
pletely itemized statement of the same. 

Points for Development _ "Rvom whom does the town¬ 

ship treasurer receive the township moneys? Who can 
order the payment of moneys? If the treasurer has no 
money with which to pay warrants when presented, what 
is done? What should be the qualifications of a treasurer? 

Duties of Assessor. —The assessor shall dur¬ 
ing the months of April and May in each year 
make a personal inspection of all real estate, and 
secure a list, certified by oath, of all personal 
property, of each person in the township. If any 
person refuses to furnish such list or take such 
oath, then the assessor shall estimate, as best he 
can, the amount of property owned by such person 
and shall list the same. The township board of 
review meets in June for the purpose of reviewing 
and correcting the assessment and on or before 
the last Monday of June the assessor must deliver 
to the county auditor an assessment roll contain¬ 
ing itemized lists of all the property holders and 
their property in the township. 

Points for Development. —^^^ho are non-resident pro¬ 
perty holders? Must they also give list of property? What 
is the penalty for refusing to give list of property or certi¬ 
fying to the same? What is the penalty for false swearing 
in regard to property? What is the difference between 
real estate and personal property? Who constitute the 
board of review? 


POR NORTH DAKOTA 


39 


Powers of Justice of the Peace. —The town¬ 
ship justice must have an office within his own 
township, but his jurisdiction extends to any part 
of the . county. His court is always considered 
open, he is his own clerk, and he has jurisdiction 
in all civil actions when the amount in controversy 
does not exceed two hundred dollars. He may 
also issue warrants for arrest and may officiate 
in certain criminal cases. 

Points for Development. —Where are the offices of the 
justices of your township? What is the difference between 
a civil and a criminal case? What qualifications are im¬ 
portant for a justice of the peace? 

Powers and Duties of Constable.—The 

township constable is a peace officer, and he has 
the power to make arrests anywhere in the county 
when armed with a proper warrant, or without 
I warrant when a public offense has been committed 
! in his presence, or when he knows or believes a 
! person has committed felony. 

! Points for Development. —^What is a peace officer? 

I What is felony? Who can issue warrants to a constable? 

Supervisors as Board of Health. —The sup- 

: pervisors in addition to their general duties shall 
I constitute a board of health. It is their duty to 
j examine into all nuisances, sources of filth, etc., 

! and make such regulations regarding these as may 
I seem necessary for the public health. They may 
I quarantine any infected person and establish a 
! hospital when any dangerous disease breaks out 
j in the township. 



40 


CIVIL GOVERNMENT. 


Points for Development.— What are some public nui¬ 
sances which endanger health? What is a quarantine? 
Why have supervisors almost unlimited powers in case of 
epidemic or dangerous diseases? What diseases in this 
state would most need attention from the hoard of health? 

Duties of Overseers of Highways. —Each 

overseer must repair and keep in order the roads 
in his district, must notify all persons when labor 
is due from them, collect all fines accruing to the 
road fund, furnish to the clerk a list of all persons 
in his district liable to work on the highways, and 
carry out in general the lawful orders of the super¬ 
visors relating to the highways. 

Points for Development. —How many road districts in 
your township? What are their limits? Who are exempt 
from work on the highways? 

Fees of Officers. —Supervisors and clerk each 
receive one dollar and fifty cents for each day 
necessarily devoted to the service of the township, 
when attending to business in their township, and 
two dollars a day when attending to business out 
of the township; but no supervisor shall receive 
more than thirty-five dollars compensation in any 
one year. The clerk also receives certain fees for 
posting and serving notices, filing papers, and 
transcribing documents. The treasurer receives 
as compensation two per cent of all moneys paid 
into the township treasury. The assessor receives 
three dollars per day for time necessarily devoted 
to the services of the township. Justices and con¬ 
stables receive fees varying according to the 
services performed. Road overseers receive two 


POR NORTH DAKOTA 


41 


dollars per day for time necessarily employed. 
The compensation of officers may be changed by 
resolution of the electors at any township meet¬ 
ing, before the officers are elected, but the increase 
can not be more than one hundred per cent. 

Points for Development. —How much was paid in 
salaries to officers of your township last year? What is the 
object of limiting the amount to be received during the 
year by certain officers? About how much will be your 
treasurer’s salary this year? 

CHAPTER XV. 

HIGHWAYS, POUNDS, DEBTS. 


Highways; How Repaired. —Under the di- 

rection of the overseers and supervisors the high¬ 
ways are kept in repair. Every male inhabitant 
in the township between the ages of twenty-one 
and fifty, is assessed one day’s labor for the high¬ 
way, and all taxable property is subject to a road 
tax not to exceed one dollar on each hundred, 
which amount is determined by the supervisors. 
Each one assessed may work out his tax in person, 
together with his team or by substitute, or pay 
the amount assessed in money. Every person who 
wmrks out his tax shall be allowed one dollar and 
fifty cents for himself and the same for his team 
for each day’s work of eight hours each. Over¬ 
seers shall give each person assessed for work at 
least three days’ notice of the time and place when 
and where he is to appear. Any person so 
notified, not appearing for work and not paying 







42 


CIVIL GOVERNMENT. 


his tax in money, is liable to a fine of two dollars 
for each day’s refusal. Three-fourths of the road 
work must be done prior to August first. 

Points for Development.— A<ivantages of good high¬ 
ways. What is the object of the road poll tax, instead of 
placing the levy entirely upon taxable property? Why 
should the greater part of the road work be done before 
August first? Is a township liable for damages sustained 
because of defective roads or bridges? 

Highways; Hov/ Opened or Vacated.— Ail 

section lines, if practicable, are public highways. 
If it seems desirable to open up other highways or 
to discontinue any now open, and if the territory 
bordering on the proposed changes is entirely 
within a civil township, the supervisors of such 
township will act upon the question when brought 
properly before them. A petition signed by any 
six persons having land in the vicinity of the pro¬ 
posed change must be presented to the board. The 
petition must contain a description of the road, 
and the names of the owners of the land through 
which it passes, together with such other informa¬ 
tion as may be useful to the board. The board 
shall then appoint a time and place for considering 
the petition. The board shall make a careful in¬ 
vestigation of the matter, shall examine personally 
such proposed highway, and hear those interested. 
The board may, after hearing evidence of those 
interested for or against, then order the change 
or not. 

Points for Development. —Under what conditions 
might section lines not be practicable for highways? Pre- 


POR NORTH DAKOTA 


43 


pare a petition for new highway on quarter line. How 
wide are highways? Under what conditions should roads 
be discontinued? If a person, through whose land a new 
road is to pass, is not willing to give or sell his land for 
the purpose how is the land obtained? 

Bridges. —Bridges are a part of the public high¬ 
ways, and are under similar supervision. Bridges 
that do not cost more than one hundred dollars are 
to be built by the civil township within which they 
are located, otherwise by the county. All such 
bridges, whether built by township or county, are 
under the supervision of the township and are to 
be repaired by the township, when the cost of re¬ 
pairs at any one time does not exceed fifty dollars. 

Points for Development. —Why should not all bridges 
as well as other parts of all highways be constructed by 
townships? What bridges in your township were not con¬ 
structed by the township? 

Pounds and Pound Masters. —At any an- 

nual township meeting the voters may decide to 
erect one or more pounds. A pound is an inclos¬ 
ure where stray domestic animals are placed for 
safe keeping until called for by their owners. The 
persons selected to have charge of these pounds 
are called pound masters. The pound master 
shall receive for taking in or discharging from 
the pound any horse, mule, or neat cattle, twenty 
cents each, and for every sheep, lamb, or hog, 
ten cents each, and twenty-five cents each for 
every twenty-four hours the animals are kept in 
pound. The owner of the animals can not take 



44 


CIVIL GOVERNMENT. 


them away until he has paid all dues. If the ani¬ 
mals are not removed within four days, the pound 
master shall post notices in three public places, 
describing the animals, and in fifteen days after 
such notice, unless the animals are removed, he 
shall sell them at auction, deduct for himself two 
per cent, of the proceeds besides his legal fees, and 
turn over the rest of the money to the chairman 
of the supervisors, to be paid over by him to the 
owners if at any time within six months they can 
prove that the property sold was theirs. 

Points for Development. —A.re there pounds in your 
township? If so, who are the pound masters? What is 
the prime object of pounds? What would be the object of 
having more than one pound in each township? If the 
money received from sale of impounded stock is not claimed 
what disposition is made of it? 

Debts ,—The township shall not contract debts 
beyond the amount assessed for any year, without 
being authorized to do so by a majority of the 
voters, and in no case shall more than ten mills 
on the dollar be assessed in any one year. The 
township, by a two-thirds majority of those vot¬ 
ing, may authorize the issuing of bonds, such 
bonds to be payable at a date not exceeding six 
years from time of issue. Bonds may also be is¬ 
sued for refunding bonded indebtedness, and must 
be made payable in not less than five or more than 
fifteen years. Bonds can not be sold for less than 
par. 

Points for Development. —Why should the debts and 
assessments of a township be left to the will of the voters 


FOR NORTH DAKOTA 


45 


and not to the supervisors? Why is a limit placed to the 
amount that may be assessed by the voters? Why a two- 
thirds instead of a simple majority in issuing bonds? What 
is the valuation of your township? How many mills on 
the dollar was this year’s assessment. For how much is 
your township bonded? What is par value? 



SECTION IV. 

Villages and Cutes. 


CHAPTEK XVI. 


ORIGIN AND NAME. 


Origin of Villages and Cities. —Almost im- 

mediately after the beginning of the settlement of 
a new country, towns begin to spring up. For the 
purposes of trade a store is opened, a mill erected, 
a postoffice established, shops of various kinds are 
started, a railway station may be built, and here 
people will congregate to carry on the various in¬ 
dustries useful to the surrounding country. At 
first the needs of the little town do not differ from 
those of the surrounding country, but as the pop¬ 
ulation increases it is found that certain changes 
are necessary. Regular streets should be laid out, 
sidewalks should be built, arrangements for pro¬ 
tection from fire should be made, and many other 
things done in wffiich only the town is directly 
interested. It is not just that the township or 
county should be taxed for the special benefit of 
the town, nor, on the other hand, is it just for the 
township or county to dictate to the town wffiat 
improvements it shall make wdthin its limits. 
Therefore the town seeks to be incorporated into 





POR NORTH DAKOTA 


47 


a separate organization with certain rights and 
privileges of its own. 

Points for Development. —^What is the oldest town in 
North Dakota? Name the industries of your nearest town. 
Which is the oldest town in your county? Is not a town a 
benefit to the surrounding country? If so, why should not 
the township be taxed for special improvements in the 
town? Is it wise for a small town to become incorporated? 
What are some of the objections? 

Town, Village, or City. —The term town has 
such a variety of meanings that it needs a little 
explanation here. In the east it means the town¬ 
ship, in the south it often means the legally organ¬ 
ized village or city, in the west it is sometimes 
applied to the township, and everywhere it is ap¬ 
plied to any trade centre, large or small, when 
speaking of it in a general manner. Therefore the 
name town, as a legal appellation, has been dis¬ 
carded, and the term village, or city, will be ap¬ 
plied henceforth in this state. There are many 
villages and cities in the state which were or¬ 
ganized before the general law went into effect 
and are operating under all kinds of special char¬ 
ters; but the constitution forbids such special 
charters now, so that all future organizations must 
be under the general law. Village and city gov¬ 
ernments do not vary materially, but the differ¬ 
ence is sufficient to treat each separately. The 
prime difference is that the laws governing a city 
are intended for larger corporations than those 
governing villages. 


48 


CIVIL GOVERNMENT. 


Points for Development.— Name all the places in 
your county that might be called towns. Name the organ¬ 
ized villages and cities of your county. Have they special 
charters or are they under the general law? If they are 
under special charters, secure copies of the charters and 
discuss them. When was your nearest village or city 
organized? Why are special charters forbidden by the con¬ 
stitution? 


CHAPTER XVII. 


VILLAGE ORGANIZATION. 

Preliminary Steps for Incorporation of 

Village. —Before a village can be incorporated, 
persons interested must cause accurate survey and 
map to be made of the territory intended to be in¬ 
corporated, also a census of the resident popula¬ 
tion. These statistics must accompany a petition 
to the county commissioners, signed by at least 
one-third of the qualified voters in the territory 
to be embraced in the village. The commissioners 
shall require proof of all statistics and proceedings, 
and, if satisfied that all requirements have been 
complied with, they shall issue an order declaring 
that the described territory shall become an in¬ 
corporated village, provided that, at an election 
called for the purpose of voting on the question 
of incorporation, a majority of the votes cast are 
for its incorporation. The commissioners shall 
fix the time and place of the meeting, of which ten 
days’ notice shall be given. The petition shall 




POR NORTH DAKOTA 


'49 


contain a proposed name for the village, which 
must be different from that of any other village 
in the state. 

Points for Development. —^What is the usual size of 
lots and blocks as surveyed in a village? Draw a map of a 
block, divide it into lots, and number them. If you live 
in a village locate your home on your map. Locate your 
school house. Why are petitions usually to he signed 
by voters rather than by any residents? Make out a peti¬ 
tion to he for incorporation of a village. Why should 
names of villages in different parts of the state he differ¬ 
ent? 

Meeting for Incorporation of Village.—■ 

The polls shall be open from nine in the forenoon 
to four in the afternoon. Three inspectors shall 
be selected by the voters, one of whom shall act 
as clerk. The voting shall be by ballot, the in¬ 
spectors shall canvass the votes, and shall return 
a statement of the result to the county commis¬ 
sioners. They shall also divide the village into 
not less than three nor more than seven districts. 

Points for Development. —Organize and conduct a 
meeting for incorporation of a village. If you live in an 
incorporated village, ascertain the limits of its several 
districts. Is there a polling place in each district? 

First Election. —The inspectors of the former 
meeting shall appoint a place and time for holding 
the first election for the purpose of electing village 
officers. 

Points for Development. —How long will officers 
elected at first election hold office? 

Annual Election. —The annual election is held 
on the third Monday of March. At all elections 



50 


CIVIL GOVERNMENT. 


the polls shall be open from nine in the forenoon 
to four in the afternoon. 

Points for Development. —-Why are village officers 
elected each year, instead of once in two or three years? 

> 

Officers of a Village. — The village officers 

are one trustee for each district, a clerk, assessor, 
treasurer, marshal, and justice of the peace, who 
shall hold their offices for one year. The offices 
of clerk, treasurer, assessor, and marshal may be 
held by the same person. A plurality of votes 
elects in all cases, and the elections are conducted 
nearly the same as in county or other elections. 
The board elect a president from their own num¬ 
ber. 

Points for Development. —What would be the ad¬ 
vantage of one person holding the four offices named 
above, or any two or three of them? Why is not a pres¬ 
ident of the village elected by the people? Who are the 
officers of your nearest village? 

Vacancies; How Filled. —Aii vacancies in 
offices are filled by the trustees, at a special meet¬ 
ing called for that purpose. Vacancy in trustee¬ 
ship must be filled from the district in which the 
vacancy occurs. 

Points for Development. —Why are not vacancies 
filled by special election instead of by appointment? 

Bonds of Officers. —The clerk, assessor, treas¬ 
urer, marshal, and justice shall give bonds to such 
an amount as the board of trustees may determine. 

Points for Development. —^Why should not the trus¬ 
tees give bonds? 


POR NORTH DAKOTA 


51 


Powers and Duties of Trustees. —The board 

of trustees have the power to purchase or sell land 
in the name of the village, to establish and regu¬ 
late a fire department, to take measures to pre¬ 
serve health, to restrain vice and crime, to grant 
licenses, to lay out streets and sidewalks and keep 
them in repair, to have charge of public grounds in 
the village, to levy taxes, and to do many other 
things. It will be observed that many powers 
left to the voters of the township have been dele¬ 
gated to the trustees of the village. 

Points for Development.— For what purposes might 
the trustees desire to purchase land? Name some licenses 
that may be granted? Why are more powers given to the 
board of trustees than to the board of supervisors of a 
township ? 

Duties of Other Officers. — The duties of 

treasurer, clerk, assessor, and justice are about the 
same as in the township. The marshal has powers 
similar to those of the constable, and is the special 
peace officer of the village, and it is his duty to 
carry out all orders of the trustees. 

Points for Development. —^What special qualifications 
are necessary in a marshal? 

Compensation of Officers. —All village offi- 

cers receive such compensation as the trustees 
may decide. 

Points for Development.— Should trustees receive 
compensation? Do men seek office for the honor there is 
in it? If you live in a village, aseertain the compensation 
of its officers. 


52 


CIVIL GOVERNMENT. 


How Village Sidewalks and Streets Are 
Maintained. — Sidewalks and streets are not 
usually built by a general tax. If two-thirds of the 
resident owners or the owners of two-thirds of the 
real estate for a distance of not less than one 
block petition the trustees for a sidewalk or street, 
or for the grading or paving of such street, the 
trustees shall order such sidewalk or street, and 
shall levy a tax on all property adjacent to such 
sidewalk or street for the payment of the same. 

Points for Development. —Why should not a general 
tax he levied for construction and repair of streets and 
sidewalks? Are non-resident property holders taxed for 
sidewalks along their property? What is the usual width 
of village streets? 

Indebtedness of Village. —a village lias no 

power to borrow money or contract any debt what¬ 
ever unless the board of trustees are petitioned to 
do so by citizen owners of five-eighths of the tax¬ 
able property of such village. Bonds may be is¬ 
sued only by a majority vote of the electors, and 
not to exceed five per cent, of the assessed valua¬ 
tion of the corporation. 

Points for Development. —^What is the reason for the 
provision given above for borrowing money? Reasons for 
and against bonding any municipal corporation. If you 
live in a village, ascertain if it is bonded and for how 
much. 


POR NORTH DAKOTA 


53 


CHAPTER XVIII. 


CITY ORGANIZATION. 


Cities; How Organized. —cities in a new 
country are often laid out on paper only, and 
special charters are granted before there are any 
real evidences whatever of a city. No city can 
now be organized in the state except under the 
general law, and in order to organize under this 
law, one of three conditions must exist: First, 
any corporation in the state at present in the form 
of a city government may incorporate under the 
general law. Second, any incorporated town or 
village, whether under a special or the general 
law, and having a population of not less than five 
hundred, may become a city. Third, any territory 
not exceeding four square miles not now incorpo¬ 
rated in a city or village and containing not less 
than five hundred inhabitants, may become an in¬ 
corporated city. 

Points for Development. — R you live in a city having 
a special charter, give some reasons why it would be better 
not to incorporate under the general law, and some reasons 
why it would be better to do so. What were the objects of 
laying out towns and securing charters before there were 
any real residents? Do you know of any city incorporated 
under the general law? What was its condition before be¬ 
ing so incorporated? 

Cities and Villages May Adopt the Gen- 

eral Law. —city, or any incorporated town 
or village of not less than five hundred inhabitants. 




54 


CIVIL GOVERNMENT. 


may incorporate under the general law as follows: 
At least one-twentietk of the legal voters of such 
city or one-tenth of the legal voters of the incor¬ 
porated town or village, must petition the mayor 
and council, or the president and trustees as the 
case may be, to submit the question to a vote of 
the electors. It is then the duty of said city, town, 
or village officers to submit the question, after 
giving due notice, and a majority of the votes cast 
is necessary for the new organization. 

Points for Development.— Why is so small a number 
required on the petition for the new organization? Is it 
well for a small village to incorporate as a city? 

other Territory May Adopt the General 

—The method by which previously unorgan¬ 
ized territory may adopt the general law and be¬ 
come a city is similar to that given above. There 
are these conditions: It must not contain more 
than four square miles, must have at least five 
hundred inhabitants, and must present a petition 
to the county commissioners containing the names 
of at least fifty legal voters of the proposed new 
city. The question of adopting the general law 
shall then be submitted, the commissioners having 
the same powers and duties as the council or board 
of trustees in the city or village. 

Points for Development. —Why should the amount of 
territory to be incorporated into a city be limited? Are the 
lots and blocks of a city usually the same size as those of 
a village? How many ordinary city lots in an acre? 

Officers of a City. —The elective officers of a 
city are mayor, two aldermen from each ward, 


FOR NORTH DAKOTA 


55 


treasurer, police magistrate, and city justice. The 
appointive officers are auditor, assessor, city at¬ 
torney, and city engineer, together with such other 
officers as the council may deem necessary. All 
appointments are made by the mayor and must be 
approved by the council. In cities of six hundred 
or less four aldermen are elected at large. 

Points for Development. —if you live in a city, as¬ 
certain what other officers are appointed? If the council 
does not approve the mayor’s appointments what is to be 
done? Why should the mayor make appointments? 

Election of Officers. —Annual election is held 
on the first Monday of April. Polls are to be kept 
open from eight in the morning to five in the after¬ 
noon. Officers of a city which changes to the gen¬ 
eral law will continue in office until the term for 
which they were elected has expired. Villages 
and unorganized territory becoming cities must 
proceed at once to elect officers to serve until first 
annual election. The city, if of over six hundred 
inhabitants, is divided into not less than three 
wards, or voting precincts, and at the first elec¬ 
tion two aldermen are elected from each ward, but 
afterwards only one. Aldermen are voted for 
only in their own wards, except in cities where 
they are elected at large. 

Points for Development.— Why do not cities which 
change to the general law elect new officers at once? If 
you live in a city, draw a map of same, dividing the city 
into its wards. Who are the aldermen from each ward? 
Give the names of all the city officers. 


56 


CIVIL GOVERNMUNT 


Powers and Duties of Mayor. —The mayor 

presides at meetings of the council, shall by mes¬ 
sage advise the council as to the needs of the city, 
has the appointing of all minor officers, has the 
power of sheriff to suppress disorder within the 
city, may call out the militia to suppress riots, and 
in general shall see that the laws are executed. 

Points for Development. —presides over the 
council when the mayor is absent? What is the militia? 
Is the mayor an executive or legislative officer? Has he 
any of the powers of the other? What should be the nat¬ 
ural qualifications of a mayor? 

Powers of City Council. —Tbe city council 

consists of the mayor and aldermen. They are a 
legislative body, and their powers are very exten¬ 
sive. The mayor has a vote only in case of a tie. 
The council shall meet regularly on the first Mon¬ 
day of each month. They have the entire control 
of the finances of the city, the power to levy taxes, 
borrow money, to issue bonds, but the entire im 
debtedness of the city can not exceed five per cent, 
of the taxable property except by a two-thirds 
vote of the electors, to lay out and take charge of 
streets, to care for the health in the city, in fact, 
to legislate upon almost any question that may 
pertain to the welfare of the city. Any ordinance 
passed by the council may be vetoed by the mayor, 
but by a two-thirds majority may be passed over 
the mayor’s veto and become a law. 

Points for Development. —Discuss the advantages re¬ 
sulting from the great powers of the council. Why are not 
these powers reserved to the people? If you live in a city. 


POR NORTH DAKOTA 


57 


attend a meeting of the council, then organize a council of 
the pupils and pass an ordinance. 

Duties of Other Officers. — The duties of 

treasurer, city justice, and assessor are about the 
same as in the township. The police magistrate, 
besides having the same jurisdiction as justices of 
the peace in the county, has exclusive jurisdiction 
in all offenses against the ordinances of the city. 
The city auditor is the official clerk of the council. 
The city attorney is the legal adviser of the mayor 
and council. The city engineer must be a practi¬ 
cal surveyor and engineer and is to have charge 
of surveying and like work in the city. 

Points for Development. —What are ordinances? 
Should the city attorney be a lawyer? What other work 
would a city engineer have besides surveying and platting 
in the city? Can you name any city officers not mentioned 
here? What are their duties? 

Local Improvements. —I^ocal improvements 
upon streets, sidewalks, sewers, etc., are deter¬ 
mined by the council and are paid for by a levy on 
adjacent property. 

Points for Development.— Compare the cost of local 
improvements in large and small cities. Compare local 
improvements in business and residential portions of the 
same city. 

Debt Limit. —The debt limit of a city is ordi¬ 
narily five per cent, of its assessed valuation, but 
by a two-thirds vote of the electors this may be 
increased to eight per cent. 

Points for Development.—» a <=5*^ 

out for how much it is bonded. Is the limit reached? 


58 


CIVIL GOVBRNMBNT, 


Commission System for Cities. —The legis¬ 
lative assembly of 1907 enacted a law whereby 
cities may be organized on a system differing ma¬ 
terially from that of the general law. Under this 
law any city, town, or village of not less than two 
thousand inhabitants may be incorporated as fol¬ 
lows: A petition signed by at least one-tenth of 
the legal voters of such municipality must be pre¬ 
sented to the council or board of trustees, whose 
duty is then to call an election. If at such elec¬ 
tion a majority of the votes cast are in favor of 
the commission system, such city shall be deemed 
organized under such system. An election shall 
then be called within twenty days for the purpose 
of electing a president of the board of city com¬ 
missioners and four city commissioners, all of 
whom shall be elected at large. They shall hold 
their office for a term of four years, except in case 
of first election, and two of the commissioners 
shall be elected biennially. The board has the ap¬ 
pointment of all other officers and the entire con¬ 
trol of all city matters. 

Points for Development. —^What is meant by election 
at large? What might be the advantage of this? Have 
any cities adopted this system? 


SECTION V. 

The County. 


CHAPTER XIX. 


INTRODUCTORY. 


Importance of the County. —The importance 
of the county differs in different parts of the na¬ 
tion. In the east the county has much less civil 
and political significance than the township or 
town; in the south the county is by far the most 
important division; while in the west the county 
and township both have important functions to 
perform, wdth the county predominating somewhat. 
Local affairs need controlling and regulating by 
some higher authority; the state can not conven¬ 
iently exercise its pereogatives in every locality 
directly through the state government. The coun¬ 
ty, therefore, is the civil and political link between 
the two. Consequently the county as a medium of 
government requires careful consideration in these 
western states. In North Dakota a pupil may live 
in any one of four or five different kinds of school 
districts, he may live under township, village, or 
city government, but he is at the same time under 
county government, which is the same all over the 
state. As county governments are strong and 
efficient, so are local affairs well protected and the 
state well served. 





60 


CIVIL GOVERNMENT. 


Points for Development. —town or town¬ 
ship in the east acquire so much political importance? 
Why the importance of the county in the south? Why can 
not local matters be conveniently looked after at the state 
capital? Draw map of the state, locate in it your county 
and all adjacent counties. 

Origin of the County. —The origin of the 

county is quite similar to that of the township. 
All the states except Louisiana have counties, and 
that state has parishes. In its early history the 
Territory of Dakota was divided into counties, at 
first unorganized, like congressional townships, 
but organized as soon as local conditions seemed 
to demand the change. The early counties were 
frequently very much larger than their present 
limits, but as population and wealth increased, it 
was not found convenient or desirable to retain so 
much territory under one county government, so 
divisions were made. New counties were formed 
out of parts of old ones and unorganized counties 
were organized, until at present nearly all the 
territory of the state is within the limits of orga¬ 
nized counties. Changes are often being made in 
the boundaries of the counties, especially in the 
western part of the state, and these changes will 
continue to go on until conditions cease to be so 
changeable. 

Points for Development. —Trace the history of your 
county from its establishment, its organization, its changes 
of boundaries if any, etc. How was your county named? 
Do you think that any changes in the limits of your county 
would be advisable? Why? Have there been any im¬ 
portant changes recently made in the limits of counties of 


POR NORTH DAKOTA 


61 


the state? Is there any territory in the state not in any 
county? How many organized and how many unorganized 
counties in the state now? 

Functions of the County. —The county has 

the power to organize subdivisions within its own 
territory, such as school districts, townships, vil 
lages, and cities; to collect taxes for the local 
organizations, for its own use, or for the state; to 
provide for public works too extensive and costly 
for local organizations to undertake; to protect 
owners of property by placing on record all deeds 
and like instruments and providing a safe deposi¬ 
tory for the same; to maintain competent courts 
of justice for the convenience of all its citizens; to 
act as a political subdivision of the state in all 
elections; and, being a body corporate within itself, 
to have all the powers necessary for the main¬ 
tenance of such a body. These various powers will 
be brought out more fully in connection with the 
enumeration of the duties of county officers. 

Points for Development. —Through what county offi¬ 
cers are sub-divisions organized? Why should the county 
collect taxes for the township or school district? What 
are some public works too extensive for townships to pro¬ 
vide for? Name some functions of the county not emam- 
erated above. 


CHAPTER XX. 

COUNTY ORGANIZATION AND OFFICERS. 

County; How Organized. —There are two 
methods of organizing counties; one when a coun¬ 
ty is organized from unorganized territory and the 






62 


CIVIL GOVERNMENT. 


other when a county is organized from parts of one 
or more organized counties. In the first case the 
unorganized territory must have at least one thou¬ 
sand inhabitants and must present to the govern¬ 
or of the state a petition, signed by at least one 
hundred fifty residents of such proposed county, 
asking for organization. If the governor is satis¬ 
fied that the proposed county contains one thou¬ 
sand inhabitants, such petition shall be granted, 
and the governor shall at once proceed to organize 
such county. He locates a temporary county seat 
in accordance with the expressed desire of the larg¬ 
est number of the petitioners, and also appoints 
all county officers to act urtil the next general 
election. In the second case a petition signed by a 
majority of the legal voters in the proposed new 
county must be presented to the commissioners of 
the counties affected, who shall take steps to have 
the question submitted to a vote, in the counties 
affected, at the next general election. If a ma¬ 
jority of votes cast in each county, in each pro¬ 
posed new county, and in each remaining part of 
the counties affected, is in favor of the formation 
of the new county, it shall be considered organ¬ 
ized, and the governor shall appoint three commis¬ 
sioners, who, in turn, will appoint all county offi¬ 
cers for the new county, and these will serve until 
the next general election. No such division can 
be made, if it reduces any county to a territory of 
less than twenty-four townships, or the population 
to less than one thousand inhabitants. 


POR NORTH DAKOTA 


63 


Points for Development. —What was your county or¬ 
ganized from? Draw map of your county and locate and 
name each township in it, the unorganized by number, the 
organized by name. Have any of the unorganized counties 
at present the necessary qualifications to become organized? 
Could a county be conveniently organized from parts of 
your county and parts of adjoining counties? 

County Seats; How Located. —Temporary 

county seats are located as follows: In case of 
the county being formed from unorganized terri¬ 
tory, the temporary county seat is located by the 
governor. In case of the county being formed 
from organized counties, the commissioners of the 
new county shall fix some place as a temporary 
county seat, but the question shall be submitted 
to the voters at the next general election. 

Points for Development. —it take a plurality or 
a majority to locate a temporary county seat? What ad¬ 
vantages accrue to a town from being the county seat? 
Is there any interesting history in connection with the 
locating of the county seat in your county? 

County Seats; Hov/ Changed. —if a petition 

signed by legal voters of the county, equal in num¬ 
ber to three-fifths of all the votes cast at the last 
general election, be presented to the commission¬ 
ers, asking that a vote be taken on the removal of 
the county seat, the question shall be submitted at 
the next general election, and if two-thirds of all 
the votes cast are in favor of any one place, then 
the county, seat shall be changed to such place. 
The question of removing county seat can not be 
submitted oftener than once in ten years. 


64 


CIVIL GOVERNMENT. 


Points for Development. —Has your county seat ever 
been changed? What would be the benefits from a change 
in your county? What would be the disadvantages? Why 
such a large majority in order to change the county seat? 
Are county seats often changed? If the county seat has 
been changed once, w'hat are the conditions for subse¬ 
quent changes? 

County Officers. —The officers of a county are 
either three or five commissioners, auditor, regis¬ 
ter of deeds, clerk of the district court, state’s at¬ 
torney, sheriff, county judge, treasurer, superin¬ 
tendent of schools, surveyor, coroner, public ad¬ 
ministrator, four justices of the i^eace, four con¬ 
stables, and assessors in some counties. 

Points for Development. —How many commissioners 
In your county? Name all the officers of your county. 
How many of them are from your township? 

Election of County Officers. —All the coun- 

ty officers except the commissioners are elected for 
a term of two years and at the same time and on 
the same ballots as state officers. Commissioners 
are elected by the voters of their respective dis¬ 
tricts for a term of four years. 

Points for Development. —When was the last election 
for county officers? When for commissioner in your dis¬ 
trict? 

Commissioner Districts. —Each new county 

has three commissioner districts, which afterw^ards 
may be changed to five by vote of the people. 
Each district elects one commissioner. In case of 
three districts, one commissioner, and in case of 
five districts, tw^o commissioners, are elected at 


FOR NORTH DAKOTA 


65 


one biennial election and the others at the next 
biennial election. 

Points for Development. —your map of the county 
mark of£ and number the commissioner districts. Which 
district or districts elect this year? What are the advan¬ 
tages and disadvantages of five rather than three com¬ 
missioners? 


CHAPTER XXI. 

POWERS AND DUTIES OF OFFICERS. 


Powers and Duties of Commissioners.— 

The board of commissioners has a general super¬ 
vision of the interests and business of the county- 
The board meets regularly on the first Mondays 
of January, April, July, and October, and may ad¬ 
journ from time to time. In most counties it 
meets each month. At the meeting of the board 
in January each year the members of the board 
elect a chairman whose duty it is to preside at all 
meetings of the board and to sign all warrants 
drawn on the treasurer, except for officers’ salaries, 
and to assist in appraising school lands in the 
county. The board shall cause a record of all its 
proceedings to be kept and to be published in three 
newspapers of the county, if there are that number. 
It has the power to prosecute and defend all ac¬ 
tions for and against the county, to provide for the 
buliding of bridges, opening of highways, etc., not 
directly under local supervision. It has charge of 
all property belonging to the county, such as the 
care of the courthouse, jail, etc., and must see that 





66 


CIVIL GOVERNMENT. 


they are of sufficient capacity and in good repair. 
It must provide for the poor, levy taxes, equalize, 
assessments, and perform many other duties pre¬ 
scribed by law. 

Points for Development.— why is it often important 
for the board to meet oftener than once a quarter? Does 
the chairman of the board have a vote upon all questions? 
What is the object of publishing the proceedings of the 
board? What papers in your county are the official papers? 
Are any of the roads or bridges of your township built by 
the county? Name the uses of the courthouse. Use of the 
jail. 

Duties of County Auditor. —The duties of 

the county auditor are varied and important, al¬ 
though his work is more clerical than executive, 
and in some states he has the title of clerk. He is 
clerk of the board of commissioners, and draws all 
warrants on the county treasurer, whether by order 
of the board or by fixed law. He computes and 
extends all taxes for school, township, municipal, 
county, or state purposes. He must keep an accu¬ 
rate account with the treasurer, and his books at 
all times serve as a check upon any irregularities 
in that office. He receives, approves, and files 
bonds of treasurers of school districts, townships, 
etc., in the county. He has general supervision of 
the election supplies in all elections, and may call 
a special election in the county when petitioned 
to do so by a majority of the voters of the county, 
if for any reason the commissioners have failed to 
call such election. He is also a member of the 
county board of appraisers of school lands. 


POR NORTH DAKOTA 


67 


Points for Development. —What is meant by clerical 
work? By executive work? What should be the quali¬ 
fications of the auditor? Why should bonds of treasurers 
throughout the county be filed in the auditor’s office? 
What kind of licenses does the auditor grant? 

Duties of Register of Deeds. —The office of 

register of deeds is one of long standing and was 
established to protect persons in the ownership of 
property. When a transfer of certain property 
has been made, the written instrument of transfer 
must be recorded in the office of the register of 
deeds in order to complete the legality of the 
transaction. If it were not recorded a second 
person might purchase the same property, have the 
instrument of transfer recorded, and become the 
legal owner of the property. Therefore it is the 
duty of the register of deeds to keep a full record 
of all deeds, mortages, etc., filed with him. As 
soon as any such instrument is filed with him, 
he shall note thereon the date, hour, and minute 
of receipt, and it shall be considered as legally 
recorded from that minute. If several such instru¬ 
ments are received by mail, he shall record them 
in the order in which the inclosures are opened. 
His books are at all times open to the inspection 
of the public. Titles to property in the county for 
time to come depend upon the accurate records 
made by the register. 

Points for Development.— What are recorded in the 
office of register of deeds besides deeds? Are these papers 
recorded free of cost to the holder of them? If a deed is 
not recorded, could the property enumerated in it be 



68 


CIVIL GOVERNMENT. 


claimed by the purchaser? If a deed is not recorded, 
has the person who sold the property a right to sell it 
again? Secure a copy of a deed, and discuss its contents. 

Duties of Clerk of District Court.—The 

clerk of court is the official clerical officer of the 
district court whenever in session in his county. 
He has charge of all papers, books, and records in 
connection with such court, and shall record and 
keep on file all proceedings connected with the 
same. In court he administers the oaths to jurors 
and witnesses. In absence of the judge at the 
opening of a term of court he may adjourn court 
from day to day for three days, and then adjourn 
without day. He grants papers of ^^declaration 
of intention to become citizens of the United 
States,’^ and keeps an accurate record of all who 
are granted final papers by the judge. He keeps 
on file proceedings of coroner’s inquests, justices’ 
courts, also mechanics’ liens, and various other 
papers. 

Points for Development. —^Wbat is the district court? 
What is meant by administering oaths? Ascertain the 
form of an oath to a witness. What is a mechanic’s lien? 

Duties of State’s Attorney. — The state’s 

attorney is called in most states the county at¬ 
torney, as he is a county officer and his official 
duties are in the county. His title of state’s at¬ 
torney arises from the fact that in all cases before 
the district court he, in behalf of the county, re¬ 
presents the state. He is the legal adviser of all 
county officers, especially of the county commis¬ 
sioners. He conducts all prosecutions for, and de- 


POR NORTH DAKOTA 


C9 


fends all cases against, the county. He institutes 
proceedings against persons charged or suspected 
of public offense, and draws all indictments. He 
must oppose all illegal claims on the county, and 
bring action to recover any moneys illegally paid. 
He must also, when requested to do so, give writ¬ 
ten opinions to any county, township, or school 
district officer, on matters pertaining to their 
offices. He must be an attorney by profession. 

Points for Development. —^What is meant by legal ad¬ 
viser? What are public offenses? Name some. What is 
an indictment? Write out a request of a school district 
officer to the state’s attorney for an opinion on some school 
matter. Can a state’s attorney have other cases in the 
district court besides those in connection with his office? 

Duties of Sheriif. —The sheriff is the chief 
executive officer of the county. It is his duty to 
preserve the peace, and to do this he may command 
the assistance of citizens, and even call upon the 
governor of the state to lend aid. He serves all 
i papers legally issued and placed in his hands, and 
! arrests without papers any person vffio has com- 
I mitted or attempted to commit a public offense. He 
I attends all terms of the district court held in his 
county and executes all orders of the judge. He 
has charge of the county jail and all prisoners 
therein committed, and is to guard against their 
escape therefrom. He accompanies to their desti¬ 
nation prisoners sentenced to the penitentiary and 
patients adjudged insane and committed to the asy¬ 
lum. He is eligible for election to the office for 
only two consecutive terms. 





70 


CIVIL GOVERNMENT. 


Points for Development.— Suppose a case when the 
sheriff might call on citizens for assistance. When he 
might call on the governor for assistance. How many 
prisoners in your jail now? For what were they com¬ 
mitted? What should he the qualifications of a sheriff? 
Has he a deputy in your vicinity? Give some reasons why 
he should not be eligible to more than two consecutive 
terms. 

Duties of County Judge. —The office of coun. 

ty judge is both of a judicial and executive nature. 
In many states the county judge is styled the judge 
of probate, because his chief duties are in probating 
wills, except in counties with increased jurisdiction. 
The judge has an office at the county seat, and his 
court is considered to be always open. He has the 
power to admit wills to probate, to decide heirship, 
to settle the accounts of executors and administra¬ 
tors, to appoint and remove guardians, and to have 
general jurisdiction over estates of persons dying 
intestate. It is through this office that the pro¬ 
perty of a person is, after his death, distributed as 
the law directs. The county judge issues marriage 
licenses to those w^ho are to be married in the 
county, and may also perform the marriage cere¬ 
mony. He must keep a complete record of all his 
official proceedings. 

Points for Development.^ —^What are wills? Who 
are heirs? If a man who has a family dies intestate, how 
is his property divided? What are executors? What are 
guardians? Must property always be disposed of as a will 
directs? Why are marriage licenses necessary? Who be¬ 
sides the judge may perform the marriage ceremony? 


POR NORTH DAKOTA 


71 


Duties of County Treasurer. —The duties of 

county treasurer are similar to those of the treas¬ 
urer of almost any corporation. He, of course, re¬ 
ceives all moneys belonging to the county and pays 
them out upon proper warrants. He also collects 
all taxes, not only for the county, but for the state, 
and for the school districts, townships, villages, 
and cities within his county, and pays over to the 
treasurers of the other corporations such moneys as 
he has collected for them. His books and accounts 
shall at all times be subject to the inspection of 
the county commissioners, and he shall on the reg¬ 
ular January and July meetings of the board make 
full settlement with them, by exhibiting all his 
books, accounts, and moneys. He shall insure 
county property when directed to do so by the 
board. Whenever an abstract of title bf real 
estate is presented to him, he shall certify upon it 
as to the payment of taxes on the property named 
in the abstract. In February and in November of 
each year he shall notify township clerks of the 
amount of money in the county treasury belong¬ 
ing to their respective townships. He can serve 
for only two consecutive terms. 

Points for Development.— What especial qualiflca- 
! tions should a treasurer have? Why does th« county treas¬ 
urer collect all taxes? Where are taxes payable? Why 
is the treasurer required to make settlement so often? 
What is the object of limiting the treasurer to two consec¬ 
utive terms? What results if a person neglects or refuses 
I to pay his taxes? 




72 


CIVIL GOVERNMENT. 


Duties of County Superintendent of 
Schools. —The superintendent of schools has the 
general supervision of all schools in his county 
except in special and independent districts, and in 
those he has certain supervision. He must visit 
each school under his supervision and keep a record 
of each visit. He shall carry out all the instruc¬ 
tions of the state superintendent, distribute to 
district officers and teachers all blanks needed by 
them, call meetings of teachers for discussion of 
school work, arrange for meetings of school officers 
whenever he may deem it necessary, decide ques¬ 
tions in controversy in school matters, hold exami¬ 
nation of teachers four times each year, apportion 
tuition funds, appraise school land in the county, 
revoke certificates for cause, and make an itemized 
report of the condition of the schools to the state 
superintendent before the fifteenth day of Septem¬ 
ber in each year. He shall not engage in teaching 
or any other business that will interfere with his 
duties as superintendent, if his salary exceeds 
twelve hundred dollars per year. 

Points for Development. —What does the superintend¬ 
ent have to do with the independent districts? How often 
must he visit schools? What blanks are needed by teachers? 
What might be the object of a meeting of superintendent 
and school officers? Who are the appraising board of 
school land in each county? What are the educational 
qualifications necessary to the office of county superintend¬ 
ent of schools? 

Duties of Surveyor. —The county surveyor 
must make, in a good and professional manner, any 


POR NORTH DAKOTA 


73 


surveys of land in the county when called upon to 
do so by any owner of such land, or whenever di¬ 
rected by the district or county court, the county 
commissioners, or township supervisors. He shall 
also make surveys of public roads when so directed. 
He shall make a full record of the field notes and 
plats of every piece of land and road which he sur¬ 
veys, and the commissioners may order these notes 
filed in the office of the county auditor. 

Points for Development.— there usually many 
persons In the county qualified for the office of surveyor? 
If possible, watch the surveyor sometime when he is at 
his work, and describe his instruments. 

Duties of Coroner. —it is the coroner’s duty 
to assemble a jury of three and hold an inquest 
over the body of any person who is supposed to 
have died by any unlawful means. He may secure 
his jury by warrants issued to a sheriff or con¬ 
stable, or when that is not convenient, he may 
select them from bystanders. He shall place the 
jury under oath and proceed to ascertain, if possi¬ 
ble, the cause of the person’s death. The verdict 
of the jury shall be returned in writing to the 
county. The coroner may order the arrest of the 
one supposed to be guilty of the alleged crime. He 
also orders the disposition of the body. In case 
there is no sheriff or deputy in a county, the coro¬ 
ner has all powers of sheriff, and also serves all 
papers on the sheriff. 

Points for Development.— Of what profession is it 
convenient for the coroner to be? Can the coroner’s jury 
convict of a crime or simply allege a crime? 


74 


CIVIL GOVERNMENT. 


Duties of County Justices and Constables. 

—The duties of county justices and constables 
differ but little from those of the township justices 
and constables. The justices may try certain cases 
and the constables act as peace officers. Their du¬ 
ties will be treated more fully in connection with 
the judiciary. 

Points for Development. —^Where are the offices of 
your county justices? What is the object of having so 
many constables in a county? 

Deputies and Clerks of County Officers.— 

The county treasurer, auditor, sheriff, register of 
deeds, superintendent of schools, surveyor, and 
clerk of the district court may appoint deputies, 
and shall be responsible for their acts. The com¬ 
missioners, at their discretion, may authorize the 
employment of clerks in the various offices and fix 
the salaries of the same. In the larger counties 
there are usually one or more clerks in the princi¬ 
pal offices, while in some of the smaller counties 
one clerk often does the work of several of the 
offices. 

Points for Development. —Why should the officer be 
responsible for his deputy? Do the officers or their deputies 
and clerks usually do the greater part of the work of the 
office? Name the deputies of the principal officers of your 
county. 


FOR NORTH DAKOTA 


75 


CHAPTER XXII. 


SALARIES OF OFFICERS. 


Salaries and Fees of County Officers.— 

The county officers now for the most part receive 
regular fixed salaries, while formerly, under the 
territorial laws, they often received fees. Now all 
fees received by most of the officers must be turned 
over to the county treasury. Salaries of county 
officers are to be paid monthly on warrant of the 
county auditor. 

Points for Development. —^What is the difference be¬ 
tween salary and fee? Mention some men in business 
who receive salaries? Some who receive fees. 

Salary of Commissioners. —County commis- 
sioners are allowed four dollars a day each for the 
time necessarily employed in the discharge of their 
duties, and five cents a mile for the distance actu¬ 
ally traveled by them. 

Points for Development. —^Why is not the salary of 
the commissioners on a sliding scale as you will find it to 
be in the case of most of the county officers? About how 
many days each month are your commissioners in session? 
How much then would your commissioners receive each 
year? 

Salary OI Auditor. —The salary of the auditor 
is regulated by the value of property in the county. 
His salary shall not exceed twelve hundred dollars 
in counties in which the valuation is not more than 
one and one-half million dollars, and increases as 




76 


CIVIL GOVBRNMBNT. 


the valuation of the county increases. The in¬ 
crease is not regular and should be studied from 
the law itself. His salary shall be limited to two 
thousand five hundred dollars. 

Points for Development. —What is the assessed val¬ 
uation of your county? How much salary will this give 
your auditor? How much would be the salary of your aud¬ 
itor, if the valuation of your county should he doubled? 

Salary of Register of Deeds. —register 
of deeds receives five hundred dollars a year in 
counties where the assessed valuation does not ex¬ 
ceed five hundred thousand dollars, for over that 
assessed valuation he receives an irregularly in¬ 
creasing salary as the valuation of the county in¬ 
creases up to nine million dollars, when his salary 
reaches a limit of two thousand dollars. All fees 
received in his office are turned over to the county 
treasury. 

Points for Development. —the work of the register 
likely to be quite extensive in a new county? Note that 
his salary in smaller counties is more in proportion than 
that in larger counties. Compute his salary in your county. 
What would his salary be if the valuation were doubled? 
What amount of fees did he turn over last year? 

Salary of Clerk of District Court. —The sal- 

ary of the clerk of district court is based on the 
valuation of the county. For the first five hundred 
thousand he receives not to exceed five hundred 
dollars, and an irregular increase as the valuation 
of the county increases, but his salary shall not 
exceed two thousand dollars. 


POR NORTH DAKOTA 


77 


Points for Development. —^What was the valuation of 
your county in 1907? Has any assessment been made since? 
What should your clerk of court now receive? Will he re¬ 
ceive any more next year than he does this year? What 
amount of fees did he turn over to the treasurer last year? 

Salary of State’s Attorney. — in counties of 
less than five hundred thousand dollars’ valuation 
the salary of the state’s attorney shall be three 
hundred dollars. His salary increases irregularly, 
like that of most of the other county officers, until 
the valuation of the county reaches eight million 
dollars, when the salary reaches its limit of two 
thousand dollars. In any county the state’s attor¬ 
ney may appoint an assistant and in counties of 
more than nine million valuation he must appoint 
one, and the salaries are fixed by the commis¬ 
sioners. 

Points for Development. —^What is the state’s at¬ 
torney’s salary in your county? Does he have an assistant, 
and if so what is his salary? 

Salary of Sheriff. —The sheriff receives no 
fixed salary, but his compensation is in the nature 
of fees for every duty performed, such as serving 
warrants, summoning juries, selling advertised 
property, attending court, committing and board¬ 
ing prisoners, distributing election supplies, etc. 
Besides these fees, which are too diverse for enu¬ 
meration, he receives ten cents per mile for dis¬ 
tance actually and necessarily traveled in the dis¬ 
charge of his duties. 



78 


CIVIL GOVBRNMBNT. 


Points for Development. —you give any reasons 
why sheriffs should receive fees rather than a salary? Se¬ 
cure if possible a list of fees which may be received by a 
sheriff and discuss the different items. 

Salary of County Judge. —The salary of the 
county judge also depends upon the valuation of 
the county. For five hundred thousand dollars or 
less he receives three hundred dollars; and this 
amount increases as the valuation increases up to 
eight million dollars, when the salary reaches the 
limit and is not to exceed in all eighteen hundred 
dollars. In addition to this he receives certain 
fees for performing marriage ceremonies, granting 
licenses, etc. 

Points for Development. —^What is the salary of the 
county judge in your county? What does the clerk hire for 
county judge amount to in your county? How much is the 
fee for a marriage license? 

Salary of County Treasurer. —The salary of 

the treasurer depends on the amount of money by 
him collected. He shall receive for the first ten 
thousand dollars, four and one-half cents on each 
dollar; for the next twenty thousand, three cents 
on each dollar; for the next thirty thousand, two 
cents on each dollar; and for all sums over sixty 
thousand, one cent on each dollar; but where the 
valuation of the county does not exceed one and 
one-half million dollars, he shall not receive more 
than twelve hundred dollars; and his salary grad¬ 
ually increases mth the valuation of the county. 


POR NORTH DAKOTA 


79 


until it reaches twenty-five hundred dollars when 
the valuation of the county exceeds twelve million 
dollars. 

Points for Development. —^What is the tax levy of 
your county this year? What per cent of the levy is usually 
collected by the treasurer? How much does your treasurer 
receive? Is his salary limited by the second provision? If 
there were no limit, how much would he receive on a col¬ 
lection of one hundred thousand dollars? Why is the limit 
to the treaurer’s salary higher than that of any other 
county office? 

Salary of Superintendent of Schools.— 

The salary of the superintendent of schools de¬ 
pends upon the number of schools in the county. 
In each county having not over five schools he shall 
receive one hundred fifty dollars; this amount in¬ 
creases as the number of schools increases, but not 
uniformly. The salary is limited to two thousand 
dollars. He is also paid ten cents a mile for dis¬ 
tance actually and necessarily traveled in the dis¬ 
charge of his duties. In counties having fifty or 
more schools the superintendent may appoint a 
deputy, who shall receive as salary an amount 
equal to one-half of the superintendent’s salary. 

Points for Development. —How many schools in your 
county? Find from the school law the detailed method of 
computing the superintendent’s salary. How much salary 
would this entitle your superintendent to? What would be 
the number of schools when the limit is reached? 

Salary of Surveyor. —The county surveyor 
shall receive four dollars per day for time actually 


80 


CIVIL GOVBRNMBNT. 


employed and ten cents a mile for distance traveled, 
also fees for certain additional work. 

Points for Development.— is the surveyor employed 
more in a new or an old county? Is his work skilled labor 
or ordinary labor? 

Salary of Coroner, Justices, and Con- 

stables.—The coroner, justices, and constables re¬ 
ceive fees, which vary with the kind and amount of 
work done. 

Points for Development. —Secure a list of fees and 
discuss them. Why is it better for these to have fees than 
salaries? 


CHAPTER XXIII. 


DEBTS, POOR, BOARDS. 


Bonded Indebtedness of County. —Bonds 

may be issued by a county for two purposes: For 
paying outstanding indebtedness, and for the 
erection of county buildings. In the former case 
the commissioners have the power to order the 
issue of the bonds, but in the latter case the 
question must be submitted to the electors of the 
county. In no case can bonds be issued for more 
than five per cent, of the assessed valuation, nor 
for a longer period than twenty years. 

Points for Development. —Clive reasons for commis¬ 
sioners authorizing the issue of bonds in one case and the 
people in the other case. What county buildings may be 
needed? Why is a debt limit usually fixed by law? Is your 





FOR NORTH DAKOTA 


81 


county bonded? By which method was it bonded? When 
will the bonds become due? Are they likely to be paid 
when due, or will they be refunded? 

Support of the Poor. —Each county must 
support all the poor and needy persons who are 
legal residents therein. For this purpose the 
county commissioners are designated overseers of 
the poor and have entire oversight of the same. 
They allow, at their discretion, whatever may be 
necessary for the relief of those who seem unable 
to provide for themselves. In many large counties 
it is found that the poor can be better and more 
economically cared for at an asylum erected by the 
county for that purpose. In any county, by vote 
of the people, a tract of land may be purchased 
and suitable buildings may be erected thereon for 
the accommodation of the poor. All persons who 
have become permanent paupers are usually re¬ 
moved to this asylum. The commissioners appoint 
a superintendent of the same, who will take 
measures for the employment and support of all 
placed under his charge. The commissioners also 
appoint a qualified physician to attend the county 
asylum. 

Points for Development. —^Why is it better for the 
county rather than the township to care for the poor? 
Who are legal residents? How could any one not a legal 
resident receive aid? What is the annual cost for the poor 
of your county? Is there an asylum for the poor in your 
county? If so, are any paupers being supported outside 
of the asylum? If so, why? Who is county physician in 


82 


CIVIL GOVBRNMBNT. 


your county? Are there many paupers in North Dakota 
compared with other states? What are the chief causes of 
pauperism? 

County Boards. —Besides the board of over¬ 
seers of the poor there are several other county 
boards, the most important of which are: The 
board of equalization, board of health, and board 
of commissioners of insanity. 

Points for Development. —can you name any other 
county hoards? Notice that in the apointment of hoards 
and in certain other things the commissioners have power 
in the county similar to those of the governor in the state. 
See state hoards. 

Board of Equalization. —The board of county 

commissioners constitute the board of equlization, 
and it is their duty at their regular meeting in 
July of each year to inspect the assessment roll as 
reported by the assessors and to increase or di¬ 
minish assessments in various parts of the county, 
so as to make, in their judgment, an equitable valu¬ 
ation thoughout, and thus render taxation uniform. 
It is there duty also to add to the roll any property 
that has for any reason been omitted. Any person 
may apply to the board for correction of errors or 
reduction of assessment and upon satisfactory evi¬ 
dence, such application will be granted 

Points for Development. —all sections of the same 
county equally valuable? Compare the assessed valuation 
of land in your township with that in other townships. 
What is the assessed valuation of horses, cows, etc,? 
Should the assessment on them he the same all over the 
county ? 


POR NORTH DAKOTA 


83 


Board of Health ,—The county board of health 
consists of the state’s attorney and two other mem¬ 
bers appointed by the commissioners, one of whom 
shall be a practicing physician. The state’s attor¬ 
ney is the president of the board, the physician is 
the superintendent of public health, and the other 
member is vice president. This board is under the 
supervision of the state board of health, and it is 
its duty to take measures to prevent the spread of 
contagious or infectious diseases, and in general 
to look after the enforcement of health regulations 
throughout the county. 

Points for Development. —^What is the need of having 
a county board of health in addition to township or city 
boards and also a state board? Has the county board of 
health authority to close all the schools of the county? 
If so, under what conditions? 

Commissioners of Insanity. — This board 

consists of the county judge and two other mem¬ 
bers appointed by the commissioners, one of whom 
shall be a practicing physician and the other a 
practicing attorney. Any person in the county 
thought to be insane is brought before this board, 
and, if upon examination the board is satisfied that 
the person is insane, it is their duty to consign him 
to the hospital for the insane. 

Points for Development. —Why is an attorney needed 
on the board of commissioners of insanity? Why should 
there be great caution and skill exercised in examining pa¬ 
tients for insanity before committing them to the hospital? 
Who usually takes charge of the patient after he has been 
adjudged insane by the board? 


SECTION VI. 

The Judiciary. 


CHAPTER XXIV. 


CLASSIFICATION, DEFINITIONS. 


How Classified. —The judiciary of the state 
can not be classified in any of its branches as be¬ 
longing exclusively to any political division. The 
legislative and executive departments of the town¬ 
ship, county, state, etc., have well-defined limits, 
while the judicial departments of the same inter¬ 
mingle and overlap so much that they must neces¬ 
sarily be treated together. In the preceding pages 
the judiciary of the township, village, city, and 
county has been discussed to some extent. The 
next in order is the judiciary of the district, and 
lastly that of the state as a whole, or the supreme 
court. Of all these the judiciary of the district, 
or district court as it is usually called, is by far 
the most important to the citizens in general. As 
the judicial district is usually composed of several 
counties, this seems to be the logical position for 
the treatment of it, and incidentally of the whole 
subject. 





POR NORTH DAKOTA 


85 


Points for Development. —Review to some extent the 
judiciary of the preceding pages. What is the general func¬ 
tion of the judicial department of a government? What 
are district courts called in some other states? What is 
capital punishment? Give some reasons for and against 
its use. Get as many court blanks as possible and use 
them in the development of each subject. 

Definitions, —Before proceeding to the discus¬ 
sion of the various courts, there are a few terms 
common in law that need to be understood. A 
criminal action is one brought against a person for 
committing some crime or public offense, such as 
would endanger the life, health, property, or repu¬ 
tation of others. A civil action is one brought 
against a person for some private offense, and 
deals almost wholly with the non-fulfillment of 
contracts. Crimes are of two classes, felonies and 
misdemeanors. A felony is a crime punishable by 
death or imprisonment in the penitentiary. A 
misdemeanor is any other crime. Issues at stake 
in a trial may be of two kinds, issue of law and 
issue of fact. In the issue of law the parties agree 
as to the facts in the case, but not on the law 
governing those facts. In the issue of fact the 
parties do not agree as to the facts in the case. 
Plaintiff is the person or party who makes com¬ 
plaint or brings action. Defendant is the person 
or party who defends against the action. Habeas 
corpus, the most noted term in law, is a writ issued 
by some judge ordering that any person detaining 
another against his will, shall at once show reason 


86 


CIVIL GOVBRNMBNT. 


for the detention or grant him his freedom. Man¬ 
damus is a writ commanding a certain thing to be 
done. Injunction is usually about the opposite of 
mandamus, commanding that a certain thing shall 
not be done. Appellate jurisdiction is jurisdiction 
over cases appealed from lower courts. 

Points for Development. —Name some crimes. Name 
some civil offenses. Name two felonies. Two misdemean¬ 
ors. Illustrate the distinction between a point of law and 
point of fact. Illustrate the justness of habeas corpus. 


CHAPTER XXV. 


JUSTICES’ AND COUNTY COURTS. 

Justices^ Courts. —There are four classes of 
justices,—township, village, city, and county, but 
they have what is called concurrent jurisdiction; 
that is, their jurisdiction under certain circum¬ 
stances extends to any part of the county. They 
have jurisdiction in a civil action to recover money, 
to recover personal property, to foreclose or en¬ 
force a lien upon chattels or trespassing animals, 
to detain real estate for rents, etc., when the 
amount in controversy does not exceed two hun¬ 
dred dollars; but in no case do they have jurisdic¬ 
tion when boundaries or titles of real estate are in 
question. In criminal jurisdiction they have the 
power to prevent the commission of public offenses, 
to institute searches and seizures, to require the 




FOR NORTH DAKOTA 


87 


arrest of persons charged with crime, to require 
and accept bail, etc., also to try criminal cases in 
which the offense charged is punishable by fine not 
exceeding one hundred dollars or by imprisonment 
in the county jail for not more than thirty days. 
City police magistrates have the same jurisdiction 
as justices. 

Points for Development. —What is a lien? What are 
chattels? What is trespass? Has a person a right to in¬ 
jure trespassing animals? Can you give any reasons why 
boundaries or titles of real estate should not be settled in 
justices’ courts? What are the advantages of having jus¬ 
tices’ courts? Could a case of felony be tried in a justice’s 
court? Why? Have city police magistrates any other 
jurisdiction than that of justices? 

Procedure in Justices’ Courts. —A civil ac- 

tion in a justice’s court is begun by the issuance of 
a summons by the justice. This summons is issued 
in the name of ^^The State of North Dakota,” and 
is addressed to the defendant, summoning him to 
appear at a certain time and place to answer to a 
certain charge, which must be plainly stated. The 
summons may be served by sheriff, constable, or 
any other person not a party in the action, by de¬ 
livering a copy of the summons to the defendant at 
least three days before the time set for the trial. 
If in the trial a point of law is at issue, the question 
is decided by the justice, but if a point of fact is 
at issue, a jury of six is called, who shall hear the 
testimony and decide the point. Such jury may be 
waived, if neither party demands it. In criminal 


88 


CIVIL GOVBRNMBNT. 


cases the procedure is about the same. A jury of 
twelve men may be demanded by either party. An 
appeal from any decisions of the justice's court 
may be taken to the district court, or to the county 
court when it has increased jurisdiction. 

Points for Development. —Make out a summons, why 
should the justice decide points of law and juries points of 
fact? What is testimony? Why a larger jury in a crim¬ 
inal case than in a civil case? What is an appeal? Who 
can appeal? What may he the advantages and disadvant¬ 
ages of an appeal? Does a decision of a court of law al¬ 
ways mean that justice has been done? What often pre¬ 
vents justice? 

County Court. —The county court as a court 
of probate has already been considered, and as 
such the office of judge is very similar to that of 
other county offices, being executive to quite an 
extent. But in counties having two thousand or 
more inhabitants the jurisdiction of the county 
court may be increased by a majority vote of the 
electors. It then has concurrent jurisdiction in the 
county with the district court when the amount at 
issue in any civil case is not over one thousand 
dollars, and in criminal cases where the alleged 
crime is below felony. The county judge must then 
be an attorney by profession. In counties of less 
than eighteen thousand inhabitants the clerk of 
the district court acts as clerk of the county court, 
but in counties of larger population the judge has 
the power to appoint his own clerk. An appeal 


FOR NORTH DAKOTA 


89 


from the county court may be taken to the district 
court or supreme court. 

Points for Development. —Has the county court in¬ 
creased jurisdiction in your county? What would be the 
advantages of increased of jurisdiction? Disadvantages? 
Could a case of forgery be tried in a county court of in¬ 
creased jurisdiction? Does such a county court have con¬ 
current jurisdiction with justices’ courts or district courts, 
or with both? 


CHAPTER XXVI. 


DISTRICT COURTS. 


District Courts Described. —When North 
Dakota became organized the constitution divided 
the state into six judicial districts, and provided 
that this number of districts might be increased 
from time to time whenever two-thirds of the 
members of each house of the legislature shall so 
determine. But no increase can be made oftener 
than once in four years. Under these provisions 
new districts have been organized. Each district 
embraces two or more counties and has what is 
called a district court presided over by a district 
judge. The district courts have original jurisdic¬ 
tion in all cases within their own districts, except 
cases in probate and questions affecting the sover¬ 
eign rights of the state. It has appellate jurisdic¬ 
tion in cases from any inferior courts, and appeals 
may be taken from it to the supreme court. 





90 


CIVIL GOVBRNMBNT. 


Court must be held at least twice a year in each 
subdivision of the district. In sparsely settled dis¬ 
tricts two or more counties are sometimes united 
into one judicial subdivision. 

Points for Development. —How many districts at pres¬ 
ent? In which district do you live? What counties in 
your district? What is original jurisdiction? Is there 
more than one county in your judicial subdivision? Where 
does the court convene in your county? What are the 
dates of the terms in your county? Attend district court 
for a day or two if possible. 

Judges of District Courts. —Jmdges of the 

district courts are elected by the voters of their re¬ 
spective districts in presidential years and for 
terms of four years. No one is eligible to the 
office of district judge unless he is learned in the 
law, is at least twenty-five years old, is a citizen, 
and has resided within the state at least two 
years next preceding his election, and is an elec¬ 
tor within his own judicial district. The salary 
of the district judges is fixed by the legislature. 

Points for Development. —^Who is your judge? Name 
the judges of the other districts. Discuss each qualifica¬ 
tion of the judge. What other qualifications ought he to 
have? What is the present salary of district judges? 
Why is so large a salary paid the judge? Would it be 
better for judges to be elected for a longer term? Why? 

Procedure in District Courts. —The district 

court is considered to be always open to what are 
called court cases, that is, cases where points of 
law are in question and are to be decided by the 


FOR NORTH DAKOTA 


91 


judge. All cases in which there are questions as 
to the facts must be tried in regular term time in 
the county in which the action is brought, unless 
the parties in the case agree to waive a jury. Ac¬ 
tions are begun in the same manner as in justices’ 
courts, by a summons being served on the person 
against whom suit is brought. If the person can¬ 
not conveniently be found, a copy of the summons 
may be left at his usual place of residence in the 
presence of one or more members of his family 
over fourteen years of age. Summons may also be 
made by publication and by mail. If the defendant 
appear voluntarily for the defense, the service of 
the summons is unnecessary. 

Points for Development. —What are judges’ cham¬ 
bers? Has the judge of your district fixed chambers? Why 
can not questions of fact be tried at any time the same as 
questions of law? If you hold a note against a person for 
one hundred dollars and he refuses to pay it would you 
bring action in a justice’s court or in the district cout? 
Why? Could you bring it in either? How would it be if 
the note was for five hundred dollars? 


CHAPTER XXVII. 


JURIES AND WITNESSES. 


Trial by Jury. —When there is a question of 
fact in a civil action, or when the case is a crimi- 
nal action, and the jury Is not waived, the judge 
shall order the clerk of court to call a jury. When 







92 


CIVIL GOVERNMENT. 


the requisite number of jurors has been selected 
and impaneled, the trial begins. The first is the 
reading of the complaint by the counsel, who is a 
lawyer who has charge of the plaintiff’s case. The 
complaint must state in a clear manner the facts 
that are expected to be proved. Evidence for the 
plaintiff is then introduced and his witnesses are 
examined and cross-examined. The counsel for the 
defense next makes his answer to the complaint 
and then introduces his evidence. The plaintiff 
may again offer evidence in rebuttal of that brought 
in by the defense, and the defendant may also 
bring in evidence to refute the evidence of rebut¬ 
tal. The counsel for the defendant sums up his 
evidence in his argument to the jury, and then the 
counsel for the plaintiff does the same. The judge 
instructs the jury on points of law in the case. 
The jury then retire to a room by themselves, and 
if they all agree to the same verdict, they return 
to the court room and render such verdict. If they 
do not agree, they are dismissed and the case is 
tried before another jury at some future time. 

Points for Development. —Organize a court with its 
proper officers and conduct a trial by jury. Who cross- 
examines witnesses? Is evidence admitted except to prove 
or disprove the allegations made in the complaint? What 
should be the nature of the judge’s charge? Does a jury 
need to understand much about law? Why? 

Juries. — jury is a body of men authorized by 
law to listen to evidence in courts of justice and 
to render verdicts on questions of fact. There are 


POR NORTH DAKOTA 


93 


two general classes, grand and petit. Both classes 
are summoned by order of the judge or justice of 
the court in which they are to serve. Any male 
elector is considered competent to serve on a jury 
in his own county, but there are some exemptions: 
such as judges and clerks of court, sheriff, coroner, 
attorneys, jailers, clergymen, county commission¬ 
ers, register of deeds, physicians, postmasters and 
carriers of mail, members of fire companies, 
persons over sixty years of age, or of bodily disa¬ 
bility, or unsound mind, or having been convicted 
of some crime. 

Points for Development. —Enumerate the persons in 
your vicinity who would be exempt from jury duty. 
Would a jury composed of one class of citizens he desirable? 
Why? Give reasons for each exemption mentioned above. 
Is a jury of ancient or modern origin? 

Juries; How Summoned. —Each county shall 

keep a list of the names of two hundred competent 
persons, justly apportioned to the various parts of 
the county, from which jurors may be drawn from 
time to time as needed in the district court. When 
the judge has issued an order for a certain number 
of jurors, the county board to select jurors, con¬ 
sisting of the clerk of court, auditor, treasurer, and 
sheriff, shall meet and draw from the list of two 
hundred as many as ordered. At the close of the 
term of court, the list shall again be filled to two 
hundred, from others than those who were last 
drawn, and this rotation shall go on until all in 


94 


CIVIL GOVBRNMBNT. 


various parts of the county competent I'o serve 
have been placed on the list. Every juror sum¬ 
moned is obliged to appear at court on the day 
specified and must serve as juror unless excused. 
If he fails to appear, he may be fined not less than 
five or more than fifty dollars. 

Points for Development. —How many jurors out of 
the two hundred is your township entitled to? How are 
they selected in your township? Why should there be ro¬ 
tation in the jury list? What would be a reasonable excuse 
for an absent juror? How are juries summoned for jus¬ 
tices’ courts? Should persons not able to understand the 
English language well be placed on the jury list? What 
reasons might a person have for not desiring to be a juror? 

Grand Jury. —a grand jury is a body of not 
less than sixteen nor more than twenty-three men 
summoned by the judge, whose duty it is to in¬ 
quire into all crimes or public offenses within the 
county. They do not convict of crime, but make 
indictments for offense, and then the indicted 
person is tried before the district court. In most 
states a grand jury is summoned to appear before 
the beginning of each term of the district court 
and all except a few minor offenses must come be¬ 
fore them previous to coming before the district 
court. They hold their meetings in private, may 
summon and examine witnesses, and by a concur¬ 
rence of at least twelve of their number, shall bring 
indictment for any offense. In North Dakota the 
grand jury is now almost wholly dispensed with. 


POR NORTH DAKOTA 


95 


The judge summons such jury when he shall deem 
it necessary, when requested by the county com¬ 
missioners to do so, or when petitioned to do so by 
at least ten per cent of the vote cast for governor 
at the last general election. In place of indict¬ 
ments by a grand jury, informations are filed by 
the state’s attorney, such informations usually 
based on some preliminary examination before an 
inferior magistrate. 

Points for Development. —When did the last grand 
jury assemble in your county? What is an indictment? 
Is the examination before a grand jury usually so extensive 
as before a petit jury? What are the advantages and dis¬ 
advantages of a grand jury? Why such a large number 
in a grand jury? 

Potit Jury. —A petit jury in the district court 
consists of twelve men. A larger number is al¬ 
ways summoned by the judge, as some of them 
are usually disqualified from serving on certain 
cases. When a jury case is called for trial, the 
clerk of court places the names of all the jurors in 
a box and then draws therefrom twelve names, who 
will constitute the jury unless excused. They are 
placed under oath and then examined as to their 
knowledge of the case and their prejudices in re¬ 
gard to it. Frequently some are prejudiced and 
are excused. As soon as one is excused another 
name is drawn from the box. When the jury is 
finally complete they are again sworn to try the 
case impartially, and the trial proceeds. After 
listening to evidence, arguments, and charge, they 


96 


CIVIL GOVERNMENT. 


retire and confer upon a verdict. They must be 
unanimous in their verdict, or the jury is said to 
disagree. Frequently juries are kept out for many 
hours, in an endeavor to compel an agreement. 
Sometimes as soon as one jury retires another is 
called from the remaining jurors, and another case 
is begun. 

Points for Development.— How many petit jurors are 
usually summoned by the judge in your county? What 
should disqualify a juror from serving on any certain case? 
Who have the right to challenge a juror’s right to serve on 
a case? What is the object of having the jury unanimous 
in their verdict? Should not a majority be sufficient to 
render a verdict? Is the jury system as it now exists in 
accordance with modern progress? What is the object of 
keeping jurors out after they have reported that they can 
not agree? 

Witnesses. —Witnesses, when properly sub¬ 
poenaed, must appear and testify in all criminal 
cases within their own county, but in civil cases 
they may demand fees in advance, and if the fees 
be not paid, they need not obey the subpoena. The 
testimony of witnesses is either their sworn state¬ 
ment in writing, called an affidavit or deposition, or 
their oral statement. In the former case the wit¬ 
ness does not appear in court. 

Points for Development. —^What is a subpoena? When 
must witnesses go out of their own county? Who are not 
competent to be witnesses? When is a person not com¬ 
pelled to testify against himself? Why do witnesses often 
disagree in their testimony? What is false swearing of a 
witness called? How is it punished? 


POR NORTH DAKOTA 


97 


Counsel for Accused. —Every person IS con¬ 
sidered, in the eyes of the law, innocent until he is 
proved guilty. Therefore every one accused of 
crime is given an opportunity to defend himself. If 
he testifies that he is unable to obtain counsel, the 
judge assigns some attorney to be his counsel and 
to do the best he can in the defense of the accused. 

Points for Development. —in some countries an ac¬ 
cused person is deemed guilty, and must prove his inno- 
cense. Which is better? Why? Who pays for the defense 
of person who is not able to pay? 

Fees of Jurors and Witnesses. —Jurors, 

either grand or petit, in district court receive three 
dollars per day, and in justice’s court or coroner’s 
inquest', one dollar per day, and in either case five 
cents per mile for distance traveled. Witnesses 
before any court or tribunal receive tw^o dollars per 
day and ten cents per mile for distance traveled 
one way. 

Points for Development. —"Why is the fee of witnesses 
so small? How is the time computed? 


CHAPTER XXVIII. 


SUPREME COURT AND BOARDS OF CONCILIATION. 


Supreme Court. —The supreme court, as its 
name indicates, is the highest court of the state. 
From its decisions there is no appeal in state mat- 





98 


CIVIL GOVERNMENT. 


ters. The constitution provides that there shall be 
three judges of the supreme court, and this number 
may be increased to five when the population of the 
state has reached 600,000. The judges are elected 
for terms of six years, one in each even numbered 
year, and by the electors at large at the time of 
general election. The judge whose term expires at 
the next biennial election is always the chief jus¬ 
tice. No person is eligible to the office unless he 
is learned in the law, is at least thirty years of age 
and a citizen of the United States, and has resided 
in the state three years next preceding his election. 
The salary of the judges is fixed by the legisla¬ 
ture. General terms of the supreme court are held 
each year at places and times designated by law. 
Special terms may be called when it appears to a 
majority of the judges that the public interests 
seem to demand it. The judges appoint a clerk 
and reporter of the supreme court to act during 
the pleasure of the court. Their salaries are de¬ 
termined in the same way as the salaries of the 
judges. The sheriffs of Burleigh, Cass, and Grand 
Forks counties act as marshals of the supreme 
court. 

Points for Development.; —.Under -what conditions 
might there be an appeal from the supreme court? To 
what would the appeal be taken? Who are the present 
judges? What are the judges of the supreme court often 
called? Would it be better for the judges to be appointed 
instead of elected? Would there be any reasons for making 
their terms for life instead of six years? Give reason for 


fOR NORTH DAKOTA 


09 


and against. Who is chief justice at present? Who will 
succeed him? Where are general terms of the supreme 
court held? What are the salaries of the judges and other 
court officers? 

Jurisdiction of Supreme Court. —The su- 

preme court has original jurisdiction in cases where 
the state as a body corporate is in question and has 
power to issue original writs of habeas corpus, 
mandamus, injunction, etc., necessary to the exer¬ 
cise of its jurisdiction. No jury trial is allowed in 
the supreme court. Its work is almost wholly con¬ 
fined to appellate jurisdiction. It does not decide 
upon questions of fact, but upon questions of law. 
It reviews all cases appealed to it from the dis¬ 
trict or county courts. It considers all evidence 
given in the lower court so far as it bears on the 
point appealed, but it can introduce no new evi¬ 
dence. If it finds that the case has been conducted 
in the lower court according to law and evidence, 
it upholds the decision of the lower court and the 
case is ended, otherwise it reverses the decision 
of the lower court. The concurrence of a majority 
of the judges is necessary to a judgment. The de¬ 
cisions of the court must be in writing, and are 
printed and distributed for the government of fu¬ 
ture cases. 

Points for Development.—Why should the supreme 
court have original jurisdiction in cases where the sover¬ 
eignty of the state is in question? Secure a supreme court 
report and look over some of the decisions. What is the 



100 


CIVIL GOVERNMENT. 




difference between an opinion and a decision of the su¬ 
preme court? Does the opinion of the court in regard to a 
law decide its constitutionality? When a decision has been 
made by the court would a future case bearing upon the 
same points be considered by them? 

Boards of Conciliation. —in addition to the 

regular courts there is what is called a board of 
conciliation, which is a body intended to promote 
the principle of arbitration. Each town, village, 
and city elects four commissioners of conciliation, 
whose term of office is two years. When any civil 
action is begun before a justice of the peace, the 
action may be brought before any two of these 
commissioners by the agreement of both interested 
parties. No attorney is allowed to act for either 
party. The commissioners hear the evidence and 
suggest an equitable method of settlement. If 
both parties agree to the settlement, they sign the 
agreement, and it is entered as a judgment of the 
court of the justice of peace before whom the ac¬ 
tion was begun. The law is excellent in theory, 
but has not yet been much used in the settlement 
of cases. 

Points for Development. —What is arbitration? What 
would be the advantage of its application? Are there any 
noted instances of recent arbitration? Why has not the 
board of conciliation proved popular in the state? Have 
any cases come before it in your town? Why is no attor¬ 
ney allowed in these cases? What about the cost to both 


FOR NORTH DAKOTA 


101 


parties before the boards of conciliation as compared with 
the cost before the courts? 

Vacancies. —Vacancies in the supreme and dis¬ 
trict judgeships are filled by the governor; in the 
lower courts, by the county commissioners. Such 
appointments will be in effect only until the next 
general election. 

Points for Development. —^Why not call a special elec¬ 
tion to fill such vacancies? Why not have the appointment 
continue until expiration of terms? 



SECTION VII. 

The State. 


CHAPTER XXIX. 


INTRODUCTORY. 


Historical. — North Dakota forms a part of 
that territory of Louisiana which was purchased 
from Napoleon in 1803. During its history it has 
had various names and has been attached to vari¬ 
ous territories for governmental purposes. It has 
been successively a part of Indian Territory, Mis¬ 
souri Territory, Michigan Territory, Wisconsin 
Territory, Iowa Territory, Minnesota Territory, ex¬ 
cept the western part, which was included in Man- 
dan Territory and afterwards in Nebraska Terri¬ 
tory, and finally, in 1861, was organized with the 
present state of South Dakota into Dakota Terri¬ 
tory. The Territory was organized under Presi¬ 
dent Buchanan, but the first territorial ofiicers 
were appointed by President Lincoln. 

Points for Development. —Draw map of the United 
States of 1803, outlining carefully the Louisiana Purchase. 
In this map place the present state of North Dakota. Give 
the latitude or longitude as the case may be, of the north¬ 
ern, western, and southern boundaries of the state. How 





POR NORTH DAKOTA 


103 


does North Dakota compare in size with other western 
states? For purposes of government are large states or 
small states better? Give reasons for each. From what 
was Dakota named? 

Early Government. —Yankton was the first 
seat of government of the Territory and continued 
to be the capital until 1883, when it was changed 
to Bismarck. The first governor was William 
Jaynes. The Territory had ten governors in all, 
appointed by the various presidents form 1861 to 
1889. Most of these governors were not residents 
of the Territory and had no particular interests 
here. The first session of the legislature was held 
in 1862 and the last in 1889. The last governor 
was Arthur C. Mellette, who held the office during 
the period of statemaking in the two Dakotas and 
until the first governors of the two states were 
inaugurated. 

Points for Development. —can you give any reason 
for change of capital from Yankton to Bismarck? Can a 
territory be considered a truly republican form of govern¬ 
ment? Why were the governors usually selected from non¬ 
residents? 

Steps Toward Statehood. —Soon after 1880 

the population of the Territory began rapidly to 
increase. The desire for home government soon 
developed. Several efforts were made to secure 
statehood, but these were not successful until 1889. 
Although the population had increased to about 
500,000, congress seemed unwilling to consider the 


104 


CIVIL GOVBRNMBNT. 


question. There were dissensions at home, as to 
whether there should be one or two states made of 
the Territory. Educational and charitable institu¬ 
tions had been located in both parts of the Terri¬ 
tory; there were population and property enough 
to support two states; and finally it was agreed to 
ask congress to divide Dakota Territory and ad¬ 
mit as states North and South Dakota. 

Points for Development. —what respects is a state 
government more satisfactory to the people than a terri¬ 
torial government? How did the population of Dakota 
compare with that of most states when they were admitted? 
What political reason might there have been for congress 
not to desire to admit the Dakotas? What have been the 
chief advantages of the two states instead of the one? 

statehood; How Obtained. —^ territory can 

be admitted to statehood only by act of congress. 
Congress cannot be compelled to grant statehood, 
nor on the other hand can congress compel any ter¬ 
ritory to become a state. A territory may hold a 
constitutional convention, frame a constitution, 
submit it to the electors of the territory for ap¬ 
proval, and then petition congress to be admitted 
as a state. Congress may then pass an enabling 
act which will admit the territory to statehood. 
Another method of gaining statehood is for con¬ 
gress first to pass an enabling act permitting the 
territory to hold a convention and frame a con¬ 
stitution. When such constitution has been ap¬ 
proved by congress, or by the president when au¬ 
thorized by congress, the state is admitted by 


POR NORTH DAKOTA 


105 


proclamation of the president. North Dakota was 
admitted by the latter method. 

Points for Development. —^Why should congress decide 
when a territory shall become a state? Should a territory 
with a very small population become a state? Why? What 
is the number of North Dakota as regards the order of ad¬ 
mission? What states have been admitted without first 
having a territorial goverment? 

The Enabling Act. —The enabling act for the 
admission of North Dakota, together with South 
Dakota, Montana, and Washington, was approved 
on Feb. 22, 1889. It prescribed the boundaries of 
the state, provided for a constitutional convention 
to be held at Bismarck commencing on the Fourth 
of July of the same year, and appointed a day of 
election of delegates to said convention. It also 
appointed the first Tuesday in October, 1889, as the 
day for the constitution to be submitted to the peo¬ 
ple for their approval or rejection. It provided 
that the constitution should be republican in form 
and should guarantee to every person civil and re¬ 
ligious liberty; that certain lands should be set 
aside for the exclusive use of the common schools, 
the state schools, and state institutions. It further 
provided that the constitutional convention might 
arrange for the first election of all state officers. 
These are some of the principal provisions of the 
act under which our state constitution was framed. 

Points for Development. —Secure a constitution of the 
state and read the enabling act. Who was president when 



lOG 


CIVIL GOVERNMENT 


the enabling act was approved? Note the historical days 
in connection with our constitution. Why should a consti¬ 
tution be submitted to the people, and not be left with their 
delegates to ratify? What is meant by civil liberty? Re¬ 
ligious liberty? Who owned the public land before it be¬ 
came the property of the state? Is it owned now abso¬ 
lutely by the schools and institutions or held in trust by 
the state? 


CHAPTER XXX. 
THE CONSTITUTION. 


The Constitutional Convention.— The elec- 

tion of delegates to the constitutional convention 
was held on the Tuesday after the second Monday 
of May, 1889, and these delegates, seventy-five in 
number, three being chosen from each of the 
twenty-five districts into which the state was 
divided, assembled at the capitol on the fourth day 
of July following. The convention organized by 
electing F. B. Fancher, of Jamestown, as president 
and J. G. Hamilton, of Grand Forks, as chief clerk. 
The convention did its work, prepared the consti¬ 
tution section by section, and on August 17th, 
after having continued in session forty-five days, 
adjourned. On the day appointed the constitu¬ 
tion was submitted to the vote of the electors and 
was approved by a vote of 27,441 to 8,107. Presi¬ 
dent Harrison, finding that the constitution was 




FOR NORTH DAKOTA 


107 


in accordance with the provisions of the enabling 
act of congress, signed the proclamation making 
North Dakota a state on Nov. 2, 1889. 

Points for Development. —^Who were the delegates to 
the constitutional convention from your district? To what 
political parties did they belong? What constituted your 
district? Was any part of your county not in your district? 
If so, who were the delegates from it? Have the presi¬ 
dent and chief clerk of the convention been prominent in 
public affairs since? Secure a complete list of the mem¬ 
bers of the constitutional convention and note how many 
of them have since been prominent in state affairs. Is it 
important to know something of the men who made our 
constitution? What was the vote of your county on the 
constitution? Why did your county approve or disapprove? 

First Election. —The constitutional conven¬ 
tion provided for the first election on the day of 
the vote on the constitution. At that election John 
Miller was elected as the first governor of North 
Dakota and H. C. Hansbrough as the first repre¬ 
sentative to congress. All other state officers, 
legislative, executive, and judicial, were also elected 
at the same time. 

Points for Development.— Name the other state officers 
elected at the first election. How long did Hansbrough 
serve as representative? What was his public office after 
that? How long was John Miller governor? What was the 
date of his inauguration? 

The Constitution. — The constitution is the 
fundamental law of the state. It lays down broad 
principles of law which shall be the general guide 





108 


CIVIL GOVBRNMBNT 


to the officers and citizens of the commonwealth. 
It is divided into twenty departments called articles, 
each of which will receive attention as the discus¬ 
sion of the state continues. The preamble reads 
thus: ‘^We, the people of North Dakota, grateful 
to Almighty God for the blessings of civil and re¬ 
ligious liberty, do ordain and establish this consti¬ 
tution.’^ 

Points for Development. — ^what is meant by funda¬ 
mental law? Compare the length of our state constitution 
with that of the nation. Should a constitution go into the 
details of legislation or leave that for the legislatures? Has 
our constitution legislated too much or too little? Commit 
the preamble. Compare it with the preamble of the 
United States constitution. 

Declaration of Rights. —The first article of 
the constitution is called the declaration of rights. 
The first section declares that ^^All men are by 
nature equally free and independent and have cer¬ 
tain inalienable rights, among which are those of 
enjoying and defending life and liberty; acquiring, 
possessing and protecting property and reputation; 
and pursuing and obtaining safety and happiness.” 
It then enumerates fully the rights of the people, 
one towards another, the rights of the people due 
from the state, and the rights of the state due 
from the people. This declaration of rights, found 
in all republican constitutions, is one that is dear¬ 
est to the hearts of the liberty-loving American 
people. 


FOR NORTH DAKOTA 


109 


Points for Development. —Compare the quotation in 
the paragraph above with second section of the Declaration 
of Independence. Has any person rights which interfere 
with the rights of others? Name some rights and show 
how they do not interfere with the rights of others. What 
are some of the rights which a government may claim from 
its citizens? What is the doctrine of the anarchists in re¬ 
gard to these rights? What are the nihilists and socialists? 

State Government. —The state, like most poli¬ 
tical divisions of a republican form, has three de¬ 
partments to its government, the legislative, or 
law making, the executive, or law executing, and 
the judicial, or law interpreting. In the state wo 
find these three departments much more sharply 
defined and distinct than in the divisions already 
discussed. 

Points for Development. —^Why should not the three 
departments be combined? Give the order in which these 
three departments must act on any law and tell why. 
Which of these departments would be necessary in an ab¬ 
solute monarchy? 


CHAPTER XXXI. 


LEGISLATIVE DEPARTMENT. 

Importance of the Legislative Depart¬ 
ment. —The legislative department, or the legis.- 
lature, as it is commonly called, is the law making 
body of the state. The legislature of a state has 





110 


CIVIL GOVERNMENT 


wider powers than can be found vested anywhere 
else in the nation. The executive of the state or na¬ 
tion can only execute such laws as exist. Even 
congress can legislate only upon such matters as 
are specified in the national constitution, while the 
legislature may legislate upon any subject not for¬ 
bidden by the constitutions of the nation or state. 
This almost unlimited power makes the legislative 
department of a state a very important body. 

Points for Development. —why is it important that a 
state legislature should have broad powers? What are 
some of the things forbidden to state legislatures? Refer to 
the national constitution as to powers of state. What kind 
of men should be sent to the legislature? 

Powers of the Legislature.—The legislature 

of our state is legally designated the Legislative 
Assembly of the State of North Dakota. It meets 
at the seat of government at noon on the first 
Tuesday after the first Monday of January in odd 
numbered years. Its sessions are biennial unless 
called together in special session, and no regular 
session shall last longer than sixty days, except in 
case of impeachment. It must pass such laws as 
are necessary to carry out the provisions of the 
constitution but it is prohibited from enacting 
class legislation or from making special laws 
where a general law can be made applicable. Any 
law made conflicting with these prohibitions would 
be null and void. The legislature has the power, 
and it is its duty, to enact laws for the transaction 


FOR NORTH DAKOTA 


111 


of business between man and man in the state, to 
regulate traffic, to arrange for justice through the 
courts, to provide for the maintenance of charit¬ 
able, penal, and educational institutions, and to 
legislate on all matters pertaining to the welfare of 
the state. 

Points for Development. —when did the first session 
of the state legislature convene? How long did it remain 
in session? What would be the advantages of more fre¬ 
quent sessions of the legislature? Of less frequent? What 
is the object of prohibiting class legislation? Who would 
determine a law to be null and void? Does legislation al¬ 
ways tend to the welfare of the state? Why? What will 
usually prevent a legislature from enacting bad laws? 

Divisions of the Legislature. —Every state 

of the Union, as well as the national goverment 
itself, has two bodies in its legislative department 
The names of these two bodies, or houses as they 
are called, vary somewhat in the different states, 
but in North Dakota are designated as the senate 
and house of representatives. The senate is al¬ 
ways a smaller body than the house of representa¬ 
tives, and is supposed to be more select. Before 
any bill can become a law of the state it must 
pass both houses; therefore two houses instead of 
one prevent hasty legislation. The legislators of 
the senate are called senators, and of the other 
house, representatives. The constitution provides 
that the senate shall be composed of not less than 
thirty nor more than sixty members, and the house 


112 


CIVIL GOVERNMENT. 


of representatives of not less than sixty nor more 
than one hundred forty members. 

Points for Development. —What is the number of the 
two houses of the legislature instead of one? If two houses 
are better than one, why should there not be three or more? 
Why should there be limits to the number of legislators? 
Near which limit is the number now fixed in this state? 
Would it be wise to increase the number at present? Why? 

Legislative Districts. —The constitution pro¬ 
vides that the state shall be divided into senatorial 
districts and numbered from one upward, and that 
one senator shall be elected from each district, and 
that the representaties are to be elected from these 
senatorial districts. It also provides that an enu¬ 
meration of the population of the state w^as to be 
taken in 1895 and every tenth year thereafter, and 
that at the next session of the legislature after 
such enumeration, also after each federal enumer¬ 
ation, the legislature shall redistrict the state ac¬ 
cording to population. The constitution fixed the 
senatorial districts, which remained unchanged 
until 1901. By this division there were thirty-one 
senatorial districts. The legislative assembly of 
1901 reapportioned the state, making forty dis¬ 
tricts. The reapportionment of 1907 made forty- 
seven districts. Each district has one senator and 
one or more representatives. 

Points for Development. —Give reasons for each of the 
senatorial district in which you live? What territory does 
it include? Draw map of the district If there are other 
districts in your county draw maps of them also. How 


POR NORTH DAKOTA 


113 


many representatives does your district elect? How many 
does your county? How many members of each house will 
there be in the next legislature? This would be one senator 
for about how much population in the state? Is your dis¬ 
trict fairly represented according to its population? 

Legislative Election. —Senators and repre¬ 
sentatives are elected by the voters of their re¬ 
spective districts at the regular biennial elections, 
senators for four years and representatives for 
two years. Senators from the odd numbered dis¬ 
tricts are elected at one biennial election and those 
from the even numbered districts at the next. 

Points for Development. —Who is the senator from 
your district? When elected? Who are the representa¬ 
tives? Who are the other senators and representatives of 
your county, if any? To what political party does each 
belong? 

The Senate. —No person can be a senator un¬ 
less he is a qualified elector in the district in which 
he is elected, is at least twenty-five years of age, 
and has been a resident of the state for two years 
next preceding his election. At the beginning and 
close of its session the senate elects from its own 
number a president pro tempore, who is to take the 
place of the lieutenant-governor in case of the lat- 
ter^s inability at any time to serve. It also elects, 
not from its own number, a secretary, assistant 
secretary, enrolling and engrossing clerk, bill clerk, 
stenographer, sergeant-at-arms, and several minor 
employes. The senate alone has the power to try 
all cases of impeachment. Appointments of 



114 


CIVIL GOVBRNMBNT 


the governor are made through the advice and con 
sent of the senate. The senate is also sole judge 
of the qualifications of its own members. 

Points for Development.— Give reasons for each of the 
qualifications of a senator. Wliat would be tbe duty of the 
president pro tempore usually? If the lieutenant-governor 
were absent? Who is the present president pro tempore? 
Would he become governor if both the governor and lieu¬ 
tenant-governor should be disqualified? Is impeachment 
an accusation or a conviction ? In confirming appointments 
of the governor is the senate legislative or executive? In 
deciding between two claimants for a seat from the same 
district would the senate be legislative, executive, or ju¬ 
dicial? 

House of Representatives. —No person can 

be a representative unless he has the same quali¬ 
fications as are necessary for a senator, except that 
the age is twenty-one instead of twenty-five. At 
the beginning of the session the house elects one 
of its members as speaker, whose duty it is to pre¬ 
side during the session. It also elects about the 
same officers and employes as the senate, except 
that the principal clerk is called chief clerk in¬ 
stead of secretary. The house of representatives 
alone has the power to institute all proceedings 
of impeachment, and, like the senate, is sole judge 
of the qualifications of its own members. 

Points for Development.—"^hat reason for decreas¬ 
ing the age qualification for members of the house? Who 
was the last elected speaker of the house? What should be 
the special qualifications of the speaker? Get a full list of 
employes of the two houses and discuss each. 


FOR NORTH DAKOTA 


115 


Term of Office. —The term of office of senat¬ 
ors, representatives, president pro tempore elected 
at the close of the session of the senate, secretary 
of the senate, and chief clerk of the house, does not 
expire until their successors have qualified at the 
beginning of the next session. The term of office 
of all other officers and employes of the legislature 
expires at the close of the session for which they 
were elected. 

Points for Development. —it ^ special session of the 
legislature was called, would there he a special election of 
senators and representatives? 

Legislative Salaries and Fees. —Senators 
and representatives receive five dollars per day 
during each session and a mileage of ten cents per 
mile. The president pro tempore of the senate and 
speaker of the house receive two dollars a day ex¬ 
tra. The secretary of the senate and chief clerk of 
the house receive six dollars per day. Other em¬ 
ployes receive from two to five dollars per day. 

Points for Development. —^What would he the cost of 
salaries of memhers of the legislature for a regular session? 
How much mileage would your senator receive? About 
how much is the entire cost of a session of the legislature? 

Vacancies. —Vacancies in either body of the 
legislature are filled by special election called by 
the governor. 

Points for Development.— Why are not vacancies in 
the legislature filled hy the governor as in most other 
offices? 


116 


CIVIL GOVERNMENT. 


i 


CHAPTER XXXII. 


BILLS, LAWS, ETC. 


Bills; How Introduced. —a bill is a proposed 
law. Bills may be introduced in either house and 
by any member thereof. A bill is introduced by 
being read in full in open session. Each bill must 
be read three times. It may be read a second time 
on the day on which it was introduced, and then 
by title only, unless there be a demand that it be 
read at length. The third reading cannot be on 
the day of introduction. A bill is usually referred 
to a committee, who will report as to the advisa¬ 
bility of its passage. 

Points for Development. —Get some bills and study 
their forms. Why should a bill be read so many times? 
What is the advantage of referring a bill to a committee? 
Name some of the chief committees of a legislature. 

Passage of a Bill. —Certain days are usually 
set for the consideration of certain bills. On the 
day set the bill is read again in full, it is debated if 
any one so desires, amendments may be proposed 
and adopted, or rejected, and finally, a vote is 
taken. The vote is taken by yeas and nays, each 
member responding as his name is called, and his 
vote is recorded. A majority of all the members 
of the body, and not simply a majority of those 
voting, is necessary to the passage of a bill. When 




POR NORTH DAKOTA 


117 


a bill has been passed it is sent to the other house, 
where it goes through the same process as in the 
house where it originated. If it is amended it 
must be sent back to the house where it originated 
for approval or disapproval of the amendment. 
Sometimes conference committees are appointed 
in such cases to propose amendments that will be 
acceptable to both houses. When the bill has fin¬ 
ally been agreed to by both houses and has re¬ 
ceived the signatures of the presiding officers of 
both houses, of the secretary of the senate, and of 
the chief clerk of the house, it is ready to become 
a law. 

Points for Development. —Form a legislative assembly 
of the class, have some one introduce a bill refer it to a 
committee, debate it, and take a vote upon it. What is the 
object of recording how each man voted? What is the ob¬ 
ject of a majority of all members elected? Is it wise for so 
much time to be spent sometimes on a single bill? Why? 
What bills did the senator and representatives from your 
district introduce at the last session of the legislature? 
Which ones became laws? 

How a Bill Becomes a Law. —After the pass- 
sage of a bill by both houses it may become a law 
in one of three ways. It is sent to the governor, 
and, if he signs it, it becomes a law. If he does not 
sign it, he returns it, together with his objections, 
to the house whence it originated. This is called 
vetoing a bill. If both houses pass it again, and 
this time by a two-thirds majority, it becomes a 
law. If the governor does not sign it and does 


118 


CIVIL GOVBRNMBNT. 


not return it to the legislature within three days, 
it becomes a law. However, in the latter case, if 
the legislature has adjourned within the three 
days, the governor can veto the bill by filing it, 
together with his objections, in the office of secre¬ 
tary of state within fifteen days after such adjourn¬ 
ment. 

Points for Development. — ^what is the use of the 
governor’s vetoing power? Is the governor a better law¬ 
maker than a majority of two houses chosen by the people? 
Why should a bill ever become a law in spite of the gov¬ 
ernor’s veto? Did the governor veto any important bills 
of the last session? What were his reasons? What do you 
think of his reasons? 

Quorum. —A quorum to transact business in 
either branch of the legislature consists of a ma¬ 
jority of all member select. A smaller number may 
adjourn from day to day, and may take measures 
to compel the attendance of absent members. 

Points for Development. —is it likely that a mere 
quorum would be able to pass any bills? Should members 
without good reasons be absent from any session? 

Special Power of the Legislature. —The leg- 

islature has, besides the general power of making 
laws for the state, the special power of electing 
United States senators. This power of electing 
public officials is almost always vested in the peo¬ 
ple in a republic, but here is a noted exception. In¬ 
asmuch as senators are elected for six years, the 
legislature in two out of three of its sessions will 


FOR NORTH DAKOTA 


119 


be called upon to exercise this special power. The 
senator is elected by joint vote of the two houses 
and a majority vote of all members-elect is neces¬ 
sary to the election. 

Points for Development. —Would it be better to have 
the United States senators elected by the people? Are there 
any noted instances of nearly all the interest of a legisla¬ 
tive session being centered on the election of senator? Who 
was last elected senator in this state? Who is the other 
senator? When will their terms expire? To what political 
parties do they belong? 


CHAPTER XXXIII. 


EXECUTIVE DEPARTMENT. 


Officers of the Executive Department.— 

The executive department of the state consists of 
the governor, who is the chief executive officer, 
and many other either elective or appointive offi¬ 
cers, who assist him in the execution of the laws 
and in the administration of his office. All states 
have governors, but not all have the same list of 
secondary officers. The elective officers of North 
Dakota, besides the governor, are lieutenant- 
governor, secretary of state, auditor, treasurer, 
superintendent of public instruction, attorney gen¬ 
eral, commissioner of insurance, commissioner of 
agriculture and labor, and three commissioners of 
railroads. 





120 


CIVIL GOVHRNMBNT. 


Points for Development. —Name the state officers 
elected at the last general election. When did they take 
their office? What state offices have any of them filled 
before? 

Election of State Officers. —The state officers 
are elected for a term of two years and by tbe 
electors at large. The election is held on the first 
Tuesday after the first Monday in November in 
even numbered years. A plurality and not a ma¬ 
jority of votes, is required for election. 

Points for Development.— Give reason for a shorter 
or a longer term for state officers. Why do not the new of¬ 
ficers take their seats as soon as the result of the election 
is known? Are there any states that now require a major¬ 
ity for election cf state officers? 

Powers and Duties of the Governor. —The 

governor is the commander-in-chief of the military 
forces of the state, except when called into the 
service of the United States, and he may call them 
out to aid in the execution of the laws. He has 
supervision over the official conduct of the other 
state officers, and he must see that all offices are 
filled and the duties thereof performed. He is the 
official organ of communication between the gov¬ 
ernment of his own state and that of any other 
state. He has the power to convene special ses¬ 
sions of the legislature, and at the opening of each 
regular or special session he shall, by message in¬ 
form the legislature of the condition of the state 
and recommend such legislation as he may deem 


FOR NORTH DAKOTA 


121 


wise. He has power to remit fines, forfeitures, 
etc., and to grant reprieves, commutations, and par¬ 
dons, in conjunction with the board of pardons. 
He makes appointments to fill vacancies, usually 
with the consent of the senate. He may veto bills, 
and, in case of appropriation bills, may veto parts 
of them. 

Points for Development. —the governor, when he 
has called the militia into the field, usually take command 
in person? Why? Note the almost unlimited powers given 
to the governor of the state. Why is this done? Has the 
governor of North Dakota ever convened a special session 
of the legislature? If so, for what purpose? Read the 
governor’s last message. Reasons for and against the vest¬ 
ing of the pardoning power in the governor. In vetoing a 
bill is the governor exercising executive or legislative au¬ 
thority? Name the governors of North Dakota in order. 

Powers and Duties of Lieutenant-Govern- 

or. —The lieutenant-governor is president of the 
senate, but he has no vote, except in case of a tie. 
As president of the senate, he usually has the 
privilege of appointing all committees of that 
body, although each house makes its own rules of 
procedure. Should the governor die, be impeached, 
resign, fail to qualify, be absent from the state, be 
removed from office, or in any way be disabled so 
as to render it impossible for him to attend proper¬ 
ly to the duties of the office, the lieutenant-govern¬ 
or shall act as governor until the disability is re¬ 
moved, and shall have all the powers which are 
delegated to the governor. 


122 


CIVIL GOVERNMENT. 


Points for Development. —the oflEice of lieutenant- 
governor usually important? Is it likely to be? What then 
should be the qualifications of a lieutenant-governor? How 
much of the two years’ term of the lieutenant-governor is 
usually given up to the duties of the office? Has any 
lieutenant-governor of the state ever assumed the duties 
of governor? 

Duties of Secretary of State.— The secre- 

tary of state has the custody of the constitution 
and great seal of the state and of all official rec¬ 
ords and papers. He keeps a register of and attests 
the official acts of the governor and affixes the 
great seal to all pbulic instruments to which the 
signature of the governor is required. He distrib¬ 
utes public documents and has charge of supplies 
for state officers. He records official bonds of state 
officers, and is in reality the official clerk of the 
state government. If there is a vacancy in the 
office of governor, and the lieutenant-governor 
should in any way become disqualified to fill the 
office, the secretary of state shall perform the du¬ 
ties of governor. 

Points for Development. —^^hy should the secretary 
of state be next in line to fill a vacancy in the governor’s 
office after the lieutenant-governor? Is there any further 
jrovision for succession to the governor’s office? 

Duties of Auditor. —The auditor superin¬ 
tends the fiscal or financial affairs of the state. He 
audits all claims against the state and issues all 
warrants for payment of the same, and keeps an 
account between the state and state treasurer. 


FOR NORTH DAKOTA 


123 


He reports to the governor in November before 
the assembling of the legislature the expenditures 
of the past two years, together with an estimate 
of the expenditures for the next two years. He di¬ 
rects and superintends the collection of all moneys 
due the state, and transmits to county auditors 
such information as may be necessary to them in 
their relations with the state. He institutes pro¬ 
ceedings against defaulters to the state. He keeps 
a separate account of the school fund, and must 
report four times a year to the superintendent of 
public instruction the amount of tuition fund. 


Points for Development. —Compare the duties of the 
state auditor and county auditor. What is the purpose of 
the estimate of expenditures for every two succeeding 
years? What should be the special qualifications of the 
auditor? 

Duties of Treasurer. —The state treasurer 
has the custody and care of the moneys of the 
state. He pays them out on warrant of the state 
auditor and in the order in which they are pre¬ 
sented. He keeps a full account of all moneys re¬ 
ceived and disbursed, each fund being kept in a 
separate account, and on the last day of each month 
reports to the state auditor. He makes an annual 
report to the governor. He turns over all redeemed 
warrants to the auditor and takes his receipt there¬ 
for. The treasurer can serve for only two consecu¬ 
tive terms. 


124 


CIVIL GOVERNMENT. 


Points for Development— How much money did the 
state treasurer pay out during the last two years? Why 
does he report so often to the auditor? Why should not 
the treasurer serve for more than two consecutive terms? 
After serving two terms can he ever hold the office again? 
What should be the special qualifications of a state treas¬ 
urer? What state treasurers have served tv/o consecutive 
terms? 

. Duties of Superintendent of Public In- 

StrUCtion. —The superintendent of public instruc¬ 
tion has the general supervision of the schools of 
the state. He prepares and causes to be distrib¬ 
uted all blanks needed by the schools and school 
officers of the state. He prepares questions for 
state and county examinations of teachers, and 
prescribes rules for conducting such examinations. 
He arranges for county institutes and advises with 
the county superintendents upon all matters per¬ 
taining to the welfare of the schools. He decides 
all appeals from decisions of county superintend¬ 
ents. He keeps a record of all his official acts and 
files all appeals and papers relating to the same in 
his office. He prepares and distributes courses of 
study for all public and normal schools, causes the 
school law to be printed and distributed once in 
two years, and in December preceding the assem¬ 
bling of the legislature shall have printed two 
thousand copies of his biennial report, which copies 
shall be distributed to state and school officers. He 
also has charge of the apportionment of the state 
tuition fund to the various counties. 


POR NORTH DAKOTA 


125 


Points for Development. —was the last territorial 
superintendent of public instruction? Name the superin¬ 
tendents since the organization of the state. Has any one 
held the office more than one term? Would it be well for 
the superintendent to hold the office for several succes¬ 
sive terms? Why? Why are school laws distributed so 
often? Get a copy of the last biennial report and discuss 
various parts of it in the class for a few days. How often 
is the tuition fund apportioned? Is the superintendent’s 
power to any extent legislative as well as executive? If 
so, in respect to what matters? 

Duties of Attorney General. —The Attorney 

general is the legal adiser of all state officers. He 
prosecutes all actions in behalf of the state and 
defends all actions against the state. He advises 
with state’s attorneys in matters relating to their 
office, and may attend in any county the trial of 
any party accused of crime, and assist in the prose¬ 
cution. He gives written opinions to the legisla¬ 
ture when requested to do so. He keeps a record 
of all his official opinions. He makes a report to 
the governor in November of each year, in which 
he gives a detailed account of all his official acts, 
and calls attention to any defects in the operation 
of the laws, and suggests amendments. 

Points for Development. —What should be the special 
qualifications of the attorney general? Can the attorney 
general decide the constitutionality of a law? On what 
points would the legislature be likely to ask his opinion? 

Duties of Commissioner of Insurance.— 

The commissioner of insurance sees that the laws 


126 


CIVIL GOVERNMENT. 


of the state respecting insurance companies are 
faithfully executed. He reports to the attorney 
general any violation of law by such companies, 
keeps a full record of his official acts, makes in 
November of each year a detailed report to the 
governor, which report shall contain full informa¬ 
tion respecting the condition of insurance compa¬ 
nies doing business in the state. 

Points for Development.—Why is it necessary to have 
a strict supervision over insurance companies? What are 
the two general classes of insurance companies that would 
do business in North Dakota? Can any company that de¬ 
sires, come into the state and do business? 

Duties of Commissioner of Agricurture 

and Labor. —it is the duty of the commissioner 
of agriculture and labor to look after the welfare 
of the agricultural and labor interests of the state. 
He shall encourage and promote immigration, dis¬ 
tribute literature for the benefit of farming in¬ 
terests, investigate labor organizations, have charge 
of all exhibits of the products and resources of the 
state, and cooperate with any railroad company 
or with any persons with a view to securing such 
exhibits. He is state statistician, and as such he 
obtains from the officers of the counties of the 
state statistics showing assessed valuation of all 
real and personal property, acreage of grains, num¬ 
ber of live stock, and also any other information 
pertaining to the development of the counties of 
the state. The commissioner tabulates these stat- 


POR NORTH DAKOTA 


127 


istics, together with all statistics relating to labor 
in the state, and reports biennially to the legis¬ 
lature. 

Points for Development. —the agricntural inter¬ 
ests or the employed labor interests more important in this 
state? What can the commissioner do to aid labor inter¬ 
ests? What is the law concerning child labor in shops and 
factories? What is a labor organization? Are they bene¬ 
ficial or injurious? Why? Secure comparative tables of 
indebtedness of this and other states. What special quali¬ 
fications should the commissioner have? What are the la¬ 
test statistics of your county in regard to agriculture, etc? 

Duties of Commissioners of Railroads.— 

It is the duty of the commissioners of railroads to 
see that the laws of the state in regard to railroads 
are enforced. For this purpose they are to visit 
every station in the state as often as practicable, 
and at least once a year visit each county in which 
there is a railroad station. Due notice of the visits 
are given the communities, and opportunity given 
at each station for complaints to be filed with the 
commissioners. Such complaints are investigated 
by the commissioners, and if they find the law has 
been violated by the railroad corporations, it is 
the duty of the commissioners to compel said cor¬ 
porations to make restitution. They bring suit 
either through the attorney-general or through any 
state’s attorney in whose county the violation 
arose. Railroad managements must furnish con¬ 
venient transportation for the commissioners in 
the performance of their duties. The commission- 


128 


CIVIL GOVERNMENT. 


ers also hold meetings of not less than three days^ 
session each year at five designated cities in the 
state, at which meetings complaints may be heard 
and reports of the findings must be made to the 
governor within ten days. In November of each 
year they make a report to the governor, and also 
make biennial reports containing suggestions for 
amendment or revision of railroad laws. 

Points for Development.— Have any complaints from 
your vicinity been recently filed with the commissioners? 
V/hat abuses, if any, by the railroads in your vicinity need 
correcting? Are suits against railroads frequent? Why? 
Why are there three commissioners instead of one? Do 
they have extensive duties to perform in their office? Do 
you know of any railroad law that you think ought to be 
revised? Give your reasons for it. Secure and study a 
copy of the commissioners’ report. 

Qualifications of State Officers.— No person 

is eligible to the office of governor or lieutenant- 
governor unless he is a citizen of the United 
States, a qualified elector in the state, has attained 
the age of thirty years, and has resided in the 
state five years next preceding his election. Other 
state officers must have the same qualifications, 
except that the age is twenty-five, and residence 
in the state is only long enough to make them 
qualified electors. 

Points for Development.— Given reasons for each of 
the qualifications required in state officers. Why should gov- 
• ernor and lieutenant-governor have the extra qualifica¬ 
tions? Can you mention any other qualifications that state 


FOR NORTH DAKOTA 


129 


officers might well have? Compare the qualifications of 
the governor with those of president. 

Official Bonds. —state officers, except gov¬ 
ernor, are required to give official bonds binding 
themselves to the faithful discharge of the duties 
of their office and to render a true account of all 
moneys or property coming into their hands. The 
bonds must have at least two sureties. The bond 
of the treasurer is five hundred thousand dollars; 
that of auditor, twenty thousand; secretary of 
state and railroad commissioners, ten thousand; 
all other state officers, five thousand. Members of 
the legislature and judges of the supreme and dis¬ 
trict courts are exempt from official bond. 

Points for Development.— Can you give any reasons 
why the governor should not be required to give bonds? 
Why is the bond of the treasurer so much larger than that 
of any other oflEicer? Why should not members of the leg¬ 
islature and Judges give bonds? 

Salaries of State Officers. —The governor re- 

ceives three thousand dollars, the lieutenant-gov 
ernor, one thousand, the railroad commissioners, 
twelve hundred, and other state officers, two thou¬ 
sand per year. 

Points for Development.— Compare the salaries of 
our state officers with those of other states. Do you think 
any of the salaries are too small or too large? 

Vacancies. —vacancies in state offices are 
filled by appointment by the governor, and such 


130 


CIVIL GOVERNMENT. 


appointment shall hold until the next general elec¬ 
tion. 

Points for Development. —^Why would it not be better 
to have a special state election to fill vacancies in state of¬ 
fices? Why should the power be vested in the governor? 

Deputies. —The state auditor, treasurer, super¬ 
intendent of public instruction, and secretary of 
state may each appoint a deputy, but shall be re¬ 
sponsible for the acts of such deputy. The attor¬ 
ney general may appoint an assistant, who has the 
same power and authority as the attorney general. 

Points for Development. —What is the difference be¬ 
tween a deputy and a clerk? Who is the deputy superin¬ 
tendent of public instruction? 

Clerks .—Provision has been made by the legis¬ 
lature for clerk hire in varying amounts for the 
different state officers. Clerical appointments are 
made by the several officers, but must be approved 
by the governor. 

Points for Development. —i^ote again the authority 
of the governor in clerical appointments. Why is it so ex¬ 
tensive ? 


POR NORTH DAKOTA 


131 


CHAPTER XXXIV. 


APPOINTIVE OFFICERS. 


Other Officers, Boards, Etc. —Besides the 
regular elective officers of the state, there are 
many others who are appointed, or, by virtue of 
their office, are members of certain boards. Fol¬ 
lowing is an outline of the more important offices 
and the duties of the officers. 

Points for Development. —why should not all officers 
be elected hy the people? What is a board of officers? 

State Examiner. —The state examiner is ap¬ 
pointed by the governor and holds his office for 
two years. He must be a skilled accountant, and 
it is his duty to examine at least once a year the 
books and accounts of the secretary of state, state 
treasurer, auditor, and various other state depart¬ 
ments; county auditors, treasurers, and also other 
county officers, upon request of the county com¬ 
missioners. He shall also supervise the accounts 
of all public institutions of the state and all pri¬ 
vate institutions with which the state has any 
dealing. He shall secure, so far as possible, a uni¬ 
form system of bookkeeping by state and county 
treasurers and auditors. In addition to these du¬ 
ties he shall visit once in each year, without prev¬ 
ious notice, each of the banks, loan and trust com¬ 
panies, etc., incorporated under the laws of the 




132 


CIVIL GOVBRNMBNT 


state, examine their affairs, and report their finan¬ 
cial condition to the governor. His salary is two 
thousand dollars a year. 


Points for Development.— Why should the hooks of 
the state officers be examined? Are banks usually state 
institutions? Why should they be under the supervision 
of the state examiner? If the state examiner is honest 
and efficient is there much opportunity for loss to the 
people in the institutions of the state? Who is the present 
state examiner? 

Oil Inspector. —The oil inspector is appointed 
by the governor for a term of two years. It is his 
duty to inspect all oils brought into the state for 
illuminating purposes and to condemn that which 
is found not to conform to the tests prescribed. 
It is a misdemeanor for any person to offer for 
sale oil which has not been inspected. The in¬ 
spector may appoint deputies to aid him, and the 
remuneration of the inspector and deputies is now 
regular salaries, whereas it was formerly in the 
form of fees. The owners of the oils pay twenty 
cents per barrel for the inspection, and all fees 
are turned over to the state. 

Points for Development. —what respects is the 
oil inspectorship an important position? Can you get 
statistics as to the number of barrels of illuminating oil 
coming into the state each year? Who is now inspector? 

Commissioner of University and School 

Lands. —The commissioner is appointed for a 
term of two years by the board of university and 


POR NORTH DAKOTA 


133 


school lands, and is their official agent. All his 
official acts must be approved by the board. He 
has the custody of all books, maps, etc., pertain¬ 
ing to the public lands of the state, and keeps a 
true record of sales, leases, etc. He selects lists 
of land for sale and certifies to county auditors 
what lists have been approved. He, or his deputy, 
attends all sales and leases in the various coun¬ 
ties. He reports biennially to the legislature. His 
salary is eighteen hundred dollars a year. 

Points for Development. —Who is now land commis¬ 
sioner? Most of the work now done by this commissioner 
was formerly done by the superintendent of public in¬ 
struction. Why was the change made? Should the com¬ 
missioner have different qualifications from the superin¬ 
tendent? Why should his acts be approved by the board? 

Game Wardens. —The state is divided into 
two game districts commonly known as the north 
and south districts. The wardens are appointed 
by the governor for a term of two years. It is 
their duty to aid in the enforcement of the game 
laws of the state. They appoint one or more dep¬ 
uties in each county. The wardens and deputies 
have the power of constables, and it is their duty 
to report all violations of the game law to the 
staters attorney. They receive fees and fines. The 
fees are obtained from licenses issued by county 
auditors. No person can lawfully hunt without 
such license. A license costs seventy-five cents 
when secured by a resident and twenty-five dol- 


134 


CIVIL GOVBRNMBNT 


lars by a non-resident. The wardens receive thirty 
per cent of all these fees and the deputies forty 
per cent. A deputy also receives fees from fines 
collected from each person convicted upon his tes¬ 
timony of violating the game law. Any person 
has the right to make complaint against another 
for illegal hunting. 

Points for Development. —^What is the object of hav¬ 
ing the game of the state protected? Who are the wardens 
at present? Who is the deputy in your county? Has the 
law been generally violated in your vicinity? In what 
months may prairie chickens, ducks, and geese be hunted? 
Can a township prevent hunting within its limits? Is it 
well to have so high a license for non-residents? Why 
should there not be hunting in the spring? What becomes 
of the remaining thirty per cent of the fees? 


CHAPTER XXXV. 


STATE BOARDS. 


Board of Veterinary Medical Examiners. 

—The state board of veterinary medical examiners 
consists of three members appointed by the gov¬ 
ernor. They shall be practicing veterinarians and 
hold diplomas from authorized veterinary schools. 
Persons commencing the practice of veterinary sci¬ 
ence in the state must be graduates of a veteri¬ 
nary school and pass such examination as the 
board may require. The fee for examination is 





FOR NORTH DAKOTA 


135 


fifteen dollars, which goes toward defraying the 
expenses of the board. 

Points for Development. —What is the object of the 
veterinary board? Can persons who have practiced for a 
time before the law went into effect continue to practice 
without a diploma from a veterinary school? Why? Is a 
veterinarian responsible for injury he may do to an animal 
through lack of knowledge on his part? 

Live Stock Sanitary Board. —This board 

consists of five members appointed by the gover¬ 
nor for terms of five years. Three of the mem¬ 
bers must be men engaged in the breeding of live 
stock and the other two must be veterinarians, 
graduates of some recognized veterinary college. 
This board appoint a veterinarian not a member 
of the board as executive officer, whose duty it is 
to investigate all cases of disease among domestic 
animals and under the direction of the board to 
take such measures for the suppression of same 
as may seem necessary, as ordering quarantine, 
condemning for slaughter, etc. 

Points for Development.— What is a veterinarian? 
What is quarantine? What diseases of animals are es¬ 
pecially dangerous? 

state Historical Society. —This society con- 

sists of the governor, auditor, secretary of state, 
commissioner of agriculture, and the superintend¬ 
ent of public instruction. Its duty is to collect and 
preserve records and relics of the early history 
and settlement of the state. It shall provide a 


136 


CIVIL GOVBRNMBNT 


room at the capitol for the safe keeping of collec¬ 
tions. 

Points for Development.— Why is it comparatively 
easy at present to collect records and relics of our early 
history? Where was the first settlement in the state? 

Board of Trustees of Public Property.— 

This board consists of the governor, secretary of 
state and auditor, who have charge of the capitol, 
executive mansion, and the park and public 
grounds, and at the opening of each legislative ses¬ 
sion they report to the assembly an estimate of 
the cost for the next twoi years for repairs, fuel, 
and all incidental expenses connected with the 
same. 

Points for Development.—^what is the executive 
mansion? Find from reports the cost of care of the pub¬ 
lic property for two years. 

High School Board. —This board consists of 
the governor, superintendent of public instruction, 
and president of the state university. Under the 
direction of this board public graded schools in 
any districts of the state may become classed as 
state high schools, provided that they admit stu¬ 
dents from any part of the state, have regular and 
orderly courses of study, as prescribed by the 
board, and shall be deemed worthy of such classi¬ 
fication after an examination by the board. The 
baord shall cause each accredited school to 
be visited at least once a year, which visit may be 


FOR NORTH DAKOTA 


137 


by one or more members of the board, or by some 
competent person appointed by the board. Mem¬ 
bers of the board receive no compensation. Tn 
connection with the establishment of this board, 
considerable aid towards the support of high 
schools is obtained from the state. 

Points for Development. —What are the advantages 
of high school classification and aid? What schools of 
your county are at present under the classification? Read 
the full article and discuss its various provisions. 

Board of University and School Lands.— 

This board consists of the governor, secretary of 
state, auditor, attorney general, and superintend¬ 
ent of public instruction, of which the governor is 
president, the secretary of state is vice president, 
and the superintendent of public instruction is 
secretary. They have full control of selecting, ap¬ 
praising, renting, selling, and managing the school 
and public lands of the state, and the investment 
of the permanent school fund. They have the 
power to appoint a commissioner of university and 
school lands, who shall be the official agent of 
said board. The board meets at the office of the 
commissioner on the last Thursday of each month. 
This is beyond question the most important board 
in the state, as the future welfare of the schools 
of the state, and therefore the state itself, depends 
upon the wisdom and discretion of this board. 

Points for Development. —What are the school lands 
of the state? How were they obtained? If the board by 


138 


CIVIL GOVERNMENT 


some misjudgment should invest and lose any of the per¬ 
manent school fund who would be the losers? Is any of 
the permanent school fund invested in bonds of your 
school district? Why is the hoard especially well consti¬ 
tuted for its purpose? 

Board of Canvassers. —The state board of 
canvassers consists of secretary of state, auditor, 
treasurer, attorney general, and superintendent of 
public instruction. Members who are candidates 
for any office, the votes for which are to be can¬ 
vassed by this board, are disqualified, and the gov¬ 
ernor appoints other state officers to fill their 
places. Their duty is to meet on the second Tues¬ 
day of December in years of election to canvass 
the state returns. 

Points for Development. —^What is meant by canvass 
of returns? Does the state board canvass the returns of 
district judges? Why does it not meet sooner after elec¬ 
tion? From what source does it receive the returns to be 
canvassed? 

Board of Auditors. —The secretary of state, 
auditor, and attorney general constitute the state 
board of auditors, whose duty it is to examine 
and audit the accounts of the state treasurer at 
least twice a year, anid without previous notice to 
the treasurer. They shall also designate certain 
banks of the state wherein the state moneys shall 
be deposited, a selection of banks to be made after 
duly advertising and receiving proposals. Such 
proposals shall state the rate of interest to be 
given, not less than two nor more than three per 


FOR NORTH DAKOTA 


139 


cent. When the money has been deposited the 
treasurer is exempt from any loss to such funds 
while under control of the banks. The state board 
of auditors should not be confounded with the 
state auditing board, which consists of the gover¬ 
nor, auditor, and attorney general, and whose duty 
it is to audit all claims which may come before it. 

Points for Development. —are the treasurer’s 
accounts so frequently and carefully inspected? Why does 
the board examine the treasurer’s hooks without previous 
notice? Why is the state money kept in banks? How 
much does the interest on the state money amount to in 
a year? 

Board of Health. —The state board of health 
consists of the attorney general, who is president, 
a vice president appointed by the governor, and 
a superintendent of public health, who is the sec¬ 
retary of the board, and is also appointed by the 
governor. The superintendent must be a legally 
licensed physician of the state. The board meets 
at least twice a year, and has the power to make 
and enforce rules and regulations to prevent the 
spread of any contagious, infectious, or malarial 
disease among persons or domestic animals, to 
establish quarantine, to kill affected animals, to 
cause the removal of substances that endanger 
health, to condemn impure food offered for sale, 
and to superintend the boards of health of cities, 
villages, townships, and counties. The county, and 
other minor boards of health, have about the 


140 


CIVIL GOVERNMENT 


same duties to perform as tlie state board. They 
have, in times of danger from diseases, almost ab¬ 
solute authority. 

Points for Development.— Who is the superintendent 
of public health in the state? Why are people in general 
careless about the spread of diseases? What diseases are 
usually quarantined? Has the board authority to destroy 
private property for the public good? 

Board of Medical Examiners. —The board 

of medical examiners is appointed by the governor 
for terms of three years, and consists of eight 
practicing physicians and one lawyer. Two of the 
board shall be homeopathic physicians. They hold 
meetings for examinations on the first Tuesdays 
of January, April, July, and October of each year. 
No person can practice medicine in the state until 
he has passed an examination before and been 
granted a license by this board, and any violation 
of this condition is a misdemeanor. The fee for 
examination is twenty dollars, which is used in 
defraying the expenses of the board. The board 
may revoke the license of any physician for dis¬ 
honorable or immoral conduct, or for habitual 
drunkenness, or for violating the laws of practice. 
All licenses for practicing must be filed with the 
register of deeds of the county in which the holder 
of the license resides. 

Points for Development. —Why should one member 
of the board of medical examiners be a lawyer? Why do 
not homeopathic physicians have an equal representation 




FOR NORTH DAKOTA 


141 


on the board? Give reasons in full for the necessity of a 
hoard of medical examiners? If a surgeon fails to set a 
broken bone properly, is he liable for damages? Why? 
If a wheelwright fails to mend a broken carriage properly, 
is he liable? Why? Why is a physician’s license filed 
with the register of deeds? 

Board of Pharmacy. —The board of pharmacy 
consists of five members appointed for terms of 
five years by the governor and upon the recom¬ 
mendation of the North Dakota Pharmaceutical 
Association. The board shall hold two or more 
meetings each year for examination of applicants 
for certificates as pharmacists, or druggists, as 
more commonly termed. A person who is over 
eighteen years of age and has had two years of 
experience in assisting in the compounding of pre¬ 
scriptions, shall, upon passing a satisfactory ex¬ 
amination, receive a certificate as registered as¬ 
sistant. A person who is over twenty-one years 
of age and has had four years^ experience in a 
reputable pharmacy, or is a graduate of an ap¬ 
proved college of pharmacy with experience un¬ 
der a capable instructor, is, upon satisfactory ex¬ 
amination, entitled to a certificate as registered 
pharmacist. Applicants for certificates pay five 
dollars, said fees to be used in defraying expenses 
of the board. 

Points for Development. —^What is a pharmaceutical 
association? Why the necessity for a certificate to be¬ 
come a druggist? Why can not a person fill a physician’s 
prescription without a license? 



142 


CIVIL GOVBRNMBNT 


Board of Dental Examiners. —This board 

consists of five members appointed by the gover¬ 
nor for terms of five years. They hold regular 
meetings at least twice a year. No person can 
practice dentistry in the state until he has a li¬ 
cense from the board. No person shall be granted 
a license unless he has practiced for three years 
or studied dentistry under a regularly practicing 
dentist for the same time. A person holding a 
diploma from a reputable dental college may be 
granted a license without examination, at the dis¬ 
cretion of the board. The fee for examination is 
ten dollars, with an additional fee of five dollars 
for a license, which fees are used in payment of 
expenses of the board. 

Points for Development. —^Why is the law in regard 
to practicing dentists not so rigid as in regard to practic¬ 
ing physicians? Is a dentist liable for damage if he breaks 
a jaw while extracting a tooth? Why? 

Board of Equalization. —This board consists 
of the governor, auditor, attorney general, commis¬ 
sioner of agriculture and labor, and treasurer. 
They meet in August of each year and examine 
the various county assessments, reducing assess¬ 
ments which they think are too high and increas¬ 
ing those w^hich they think are too low. They 
also decide upon the rate of state tax to be levied. 
The board shall also assess each year at its actual 
value all property within the state of railroads, 
express companies, telegraph and telephone com¬ 
panies, etc. 


POR NORTH DAKOTA 


143 


Points for Development. —Why is a state board of 
equalization necessary? On what would they base their 
judgment as to the valuation of land in the different 
counties? Has the board recently made any material 
change in the valuation of your county? 

Other Boards. —Several other boards have 
been established from time to time by the legis- 
'lative assembly. Some of them are the board of 
pardons, which has the pardoning power formerly 
reposed in the governor; a barbers^ examining 
board; a board of optometry; board of embalmers; 
board of bar examiners; whose members, duties, 
and modes of procedure are similar to those of the 
boards discussed in the preceding pages. 

Points for Development. —^Who constitute the board 
of pardons? What is the object of a barbers’ examining 
board? What is optometry? What are embalmers com¬ 
monly called? Who constitute the board of bar examiners? 


CHAPTER XXXYI. 


PUBLIC INSTITUTIONS. 


Location and Endowment. —The public 

institutions of the state were located by the con¬ 
stitutional convention. Not all of them were 
opened at the beginning of statehood, and it was 
found difiScult to support as they should be those 
that were opened. Others have been opened from 
time to time. The question often arises as to 





144 


CIVIL GOVERNMENT 


whether it would not have been better to have left 
the locating of the public institutions to the legis¬ 
lature. Many think that they would then have 
been located only as fast as they were needed or 
could be supported. On the other hand, many 
think it was better for the convention to settle 
these things and not leave them as a continuous 
source of strife for every legislature. It is claim¬ 
ed that the details of legislation will be better 
attended to when many of the greater questions 
are settled by the constitution. The enabling act 
grants 500,000 acres of land for the use of the 
various educational and charitable institutions. 
It designates the distribution of all but 170,000 
acres of this, which amount the constitution has 
distributed. Following is a detailed account of 
the various public institutions. 

Points for Development. —^Learn what you can about 
the contention in the constitutional convention over the 
location of public institutions. Did your county get one 
of the institutions? If so, what is the particular reason 
why it should have been so located? Would it be better 
to concentrate the institutions? Why? From what source 
is this public land grant? How much of this 500,000 
acres has been selected from your county? Has it all been 
selected yet? Who selects it? 

The Capital. —The capital or seat of govern¬ 
ment, is located at Bismarck, in Burleigh county. 
The enabling act sets apart 50,000 acres of land 
for public buildings for the same. The supervis- 


FOR NORTH DAKOTA 


145 


ion of these buildings has been discussed in a pre¬ 
ceding section. 

Points for Development. —is the capitol located near 
the center of the state? Near the center of population? 
If you think it is not located in the right place give rea¬ 
sons for its location at some other place. What has been 
the cost of the present capitol and grounds? Is the capitol 
complete as planned? 

state University and School of Mines.— 

This institution is located at the city of Grand 
Forks, in Grand Forks county, and 80,000 acres of 
land are set apart to aid in its maintenance. Its 
further support is from state appropriation. The 
government of the university is vested in a board 
of trustees, consisting of five members appointed 
by the governor for terms of four years. The duty 
of this board is to see that the university accom¬ 
plishes the object for which it was established, 
namely, the higher education of the young men 
and women of the state. They elect the president, 
professors, and teachers, fix the salaries of the 
same, prescribe courses of study and qualifications 
for admission, provide for the care of the build¬ 
ings, etc. The university is free to students of 
both sexes who have been residents of the state 
for the year next preceding their admission. 

Points for Development.—is the state university 
properly located? Could any other institutions have been 
conveniently located with it? What ones? Is a school of 
mines now needed in this state? Why? Who is the presi¬ 
dent of the university? What is his salary? What is the 


14G 


CIVIL GOVBRNMBNT 


mill tax by which the educational institutions are partially 
supported? What part of this does the university receive? 

Agricultural College. —The agricultural col¬ 
lege is located at Fargo, in Cass county, and has a 
grant of 40,000 acres of land. The government is 
vested in a board of trustees consisting of seven 
members appointed by the governor. Their powers 
and duties are similar to those of the trustees of 
the university. The course of study must contain, 
besides subjects which give a general education, 
those branches which pertain to practical agricul¬ 
ture. Students of both sexes, residents of the 
state, are admitted free, and may labor a part of 
the time on the farm or about the buildings con¬ 
nected with the college, and receive compensation 
for such work. In connection with the college is 
a national experiment station. Therefore the sup¬ 
port of the agricultural college is partially by na¬ 
tional and partially by state appropriation. 

Points for Development. —^What other schools, if any, 
might well have been combined with the agricultural col¬ 
lege? What is the purpose of this institution? Who is 
the present president? What would be the special train¬ 
ing of the females who attend the college? What is the 
object and value of the experiment station? How much is 
the annual national appropriation for the college? 

Normal Schools. —Normal schools are located 
at Valley City, in Barnes county, and at Mayville, 
in Traill county, the former with a grant of 50,000 
acres, the latter with 30,000 acres. Each school 
has a board of management consisting of five 


POR north DAKOTA 


147 


members appointed by the governor for terms of 
four years. These two boards, together with the 
governor and superintendent of public instruction, 
constitute the board of trustees for the normal 
schools. The board of trustees elect a president 
and teachers for each school, and fix the salaries 
of the same; also prescribe a course of study, 
which course of study must be such as will tend to 
fit teachers for their work in the public schools. 
The boards of management recommend presidents 
and teachers for their respective schools, have gen¬ 
eral management of their respective buildings, fix 
the salaries of employes who are not teachers, 
and perform such other duties as are not delegated 
to the board of trustees. Tuition is free to all 
students resident in the state, and the schools 
are supported by state appropriation and income 
from their land grants. 

Points for Development. —Why did the normal 
schools recieve different amounts of land? Are two normal 
schools now needed in the state? Why? Are the two 
schools well located? Why? Who are the present presi¬ 
dents of the two schools? Get catalogues from the two 
schools and discuss the course of study. How much was 
the last appropriation for each of the schools? 

School for the Deaf. —The school for the deaf 
is at the city of Devils Lake, in Kamsey county, 
and has a land grant of 40,000 acres. Its board of 
trustees consists of five members appointed by the 
governor for terms of four years. This board has 


148 


CIVIL GOVERNMENT 


powers the same as in other public schools of the 
state. The principal of the school must be skilled 
in the sign language and all the methods in use 
in educating the deaf, and he, as well as the ma¬ 
tron, must reside at the institution. Every deaf 
child in the state between the ages of seven and 
twenty-one shall be sent to the school for the deaf 
for at least eight months of each school year, and 
it is the duty of each county auditor each year to 
report to the principal of said school the names of 
deaf persons residing in his county. Tuition and 
board are free to pupils resident in the state, but 
clothing and transportation are to be paid for by 
parents or guardians, or, in case of indigency, by 
the county. 

Points for Development. —^Would the school for the 
deaf be classed as an educational or charitable institution? 
Why is it compulsory for the deaf to attend this school? 
Are there any deaf children from your county in the 
school? 

Reform School. —The state reform school is 
located at Mandan, in Morton county, and has a 
land grant of 40,000 acres. Its board of trustees 
consists of five members, appointed by the govern¬ 
or for two or four years. It is their duty to inspect 
the buildings and grounds, and to make general 
rules for the government of the same. The trus¬ 
tees appoint a superintendent of the school, and 
the superintendent, with the approval of the board, 
appoints all other employes. Any person under 


FOR NORTH DAKOTA 


149 


the age of eighteen years who has been convicted 
in a district court of a crime or public offense other 
than murder, may, at the discretion of the judge, 
be committed to the reform school for the remain¬ 
der of his minority; or any child against whom 
complaint is brought by parent or guardian, if the 
judge finds, upon investigation, that the complaint 
is warranted, may be committed in "the same man¬ 
ner. Children committed to the reform school are 
to receive regular instruction in common school 
branches. The trustees have the power to dis¬ 
charge any inmate after one year’s detention as a 
reward for good conduct and diligence in study. 

Points for Development. —is the reform school an 
educational, charitable, or penal institution? What is the 
object of sending minors to the reform school rather than 
to the penitentiary? Should those nearly eighteen years 
of age who are especially depraved be committed to the 
reform school? Why? 

Hospital for the Insane. —The state hospital 
for the insane is located at Jamestown, in Stuts¬ 
man county, and the constitution has endowed it 
with 20,000 acres of the public land grant. The 
board of trustees is constituted as in previously 
mentioned institutions. The board has general 
care of the buildings, grounds, finances, and govern¬ 
ment of the institution. They appoint a superin¬ 
tendent, also assistant physician, steward, and 
matron. The superintendent has the appointing of 
all other employes. No insane person of the state 
is admitted to the hospital except upon application 


150 


CIVIL GOVERNMENT 


from a county board of commissioners of insanity. 
The superintendent must be a physician of ac¬ 
knowledged skill and ability, and his salary is 
twenty-five hundred dollars a year. 

Points for Development. —Under what class of in¬ 
stitutions does the hospital for the insane come? How 
does the number of inmates of our asylum correspond with 
that of other states? How many in the asylum from your 
county? Who is the present superintendent? Study the 
report last issued. 

Institution for Feeble Minded. —The insti- 

tution for feeble minded is located at Grafton, in 
Walsh county, and was so established by consti¬ 
tutional amendment. Previously to that time the 
feeble minded had been cared for at the hospital 
for the insane; but the crowded condition of the 
hospital and the necessity for different treatment 
for the feeble minded warranted the establishment 
of the institution. The board of trustees consists 
of five members appointed by the governor. The 
officers are similar to those of the hospital for the 
insane. Any feeble minded, idiotic or epileptic 
person in the state may be admitted. Clothing and 
transportation must be furnished by friends or 
county. 

Points for Development. —^What is the nature of the 
treatment of the feeble minded? Why is it better for the 
feebe minded to be in the institution, rather than in their 
homes? 

Soldiers^ Home. —The soldiers^ home is lo¬ 
cated at Lisbon, in Ransom county, and is endowed 


FOR NORTH DAKOTA 


151 


by the constitution with 40,000 acres of land. The 
board of trustees consists of five members, four of 
whom are appointed by the governor. One mem¬ 
ber of the board shall be the commander of the 
state G. A. R., who is a member by virtue of his 
office, and shall hold office for one year, and the 
other members shall be appointed for three, four, 
and five years, respectively. No person can be a 
member of such board unless he has served in the 
army or navy of the United States. The board has 
the power to appoint a commandant of the home at 
a salary not to exceed twelve hundred dollars per 
year, which commandant shall have been in the 
military or naval service of the United States. The 
commandant, with the consent of the trustees, ap¬ 
points other employes. The home is free to all 
honorably discharged soldiers, sailors, and marines 
who have served in the army or navy of the United 
States, and who are from any cause unable to 
provide suitably for themselves; the home is also 
open to the wives and widows of soldiers. 

Points for Development. —^Why should special provis¬ 
ions be made for indigent soldiers? Why are all the trus¬ 
tees members of the G. A. R.? How many persons are 
there now at the home? Give reasons why it might be ex¬ 
pected that the nation rather than the state should pro¬ 
vide for the soldiers. Are there national homes, and if so 
where located? 

Blind Asylum. —The blind asylum was located 
in Pembina county by the constitution, but at such 
place as the electors of that county might deter- 



152 


CIVIL GOVERNMENT 


mine, and 30,000 ac'^es of the public land grant were 
assigned to it. Bathgate was selected by the elec¬ 
tors as the location. The trustees are determined 
as in the greater part of the state institutions. The 
board has power to erect buildings, appoint super¬ 
intendent, and other officers, and provide for the 
instruction and care of the blind. 

Points for Development. —To what class of institu¬ 
tions does the blind asylum belong? Is it yet open? Give 
reasons for and against the opening of such an asylum 
in a new state. 

Industrial School. —The industrial school and 
school of manual training is located at Ellendale, 
in Dickey county, and is endowed with 40,000 acres 
of land. The board of trustees consists of five 
members, appointed for terms of four years. The 
school was opened in 1900. 

Points for Development. —^What is the object of the 
industrial school? Would it have been well to combine 
this school with some other school of the state? 

School of Forestry. —The school of forestry 
is located by the constitution at such a place in one 
of the counties of McHenry, Ward, Bottineau, or 
Rolette, as the electors of those counties may de¬ 
termine. There is no land grant for the same, but 
the electors decided upon the permanent location 
of the school at Bottineau and it was formally 
opened in the latter part of 1906. The manage¬ 
ment of the school is vested in a board of three 
directors. 


POR NORTH DAKOTA 


153 


Points for Development. —What would be the work 
of the school of forestry? How could it he made valuable 
to North Dakota? 

Academy of Science. —The academy of sci* 
ence is located at Wahpeton, in Kichland county, 
with a land grant of 40,000 acres. The board of 
trustees consists of five members appointed by the 
governor. Their powers are similar to those of 
other educational institutions of the state. 

Points for Development. —Discuss the necessity for 
this school, also its location? When was it opened? 

Penitentiary. —The constitution fails to mahe 
any provision for the location of the state peniten¬ 
tiary, but the legislature has since confirmed its 
location at Bismarck, where it had been established 
during the territorial government. The board of 
trustees is constituted in the same way as in case 
of the reform school, and has similar duties. The 
chief officer at the penitentiary is warden, who is 
appointed by the trustees, and who in turn appoints 
all other officers, to be approved by the trustees. 
He receives a salary fixed by the trustees, but not 
to exceed two thousand dollars per year. The war¬ 
den makes all rules and regulations for the govern¬ 
ment of the officers and inmates, also subject to the 
approval of the trustees. All persons convicted of 
crime in any county of the state and sentenced by 
the judge to be confined in the penitentiary are 
conveyed to the penitentiary by the sheriff of said 
county and placed in charge of the warden thereof. 


154 


CIVIL GOVBRNMBNT 


Inmates are usually kept at work about the build¬ 
ings, on the farm, or in the shops, where manu¬ 
factures are carried on. For good behavior a 
prisoner may shorten the duration of his sentence. 
For the first two years’ good behavior, two months 
are deducted each year, and this is increased until 
it reaches four months a year. When prisoners 
are discharged they are furnished with a decent 
suit of clothing and with transportation to the 
place where they received sentence. 

Points for Development. —Should a penitentiary be 
an institution for punishing or for reforming? Is the peni¬ 
tentiary for punishing criminals or protecting the people? 
For what two objects are work shops established in con¬ 
nection with penitentiaries? Discuss the question of al¬ 
lowing convict labor to compete with ordinary labor. 
Should convicts be let out on contract to work outside the 
penitentiary? Why? How many convicts at present at 
the penitentiary? Do most prisoners shorten the duration 
of their sentence? What would be the shortest possible 
term of imprisonment of a convict sentenced to ten years’ 
confinement? 


CHAPTER XXXVII. 


ELECTIONS. 


Elective Franchise. — By the elective fran¬ 
chise is meant the right to vote upon questions 
pertaining to the political organizations known as 





POR NORTH DAKOTA 


155 


nation, state, county, etc. Not all persons have 
this right, but those that do are called electors. 

Points for Development. —How is the elective fran¬ 
chise considered hy all liberty-loving people? Under what 
different political organizations are you living at present? 

Electors. —Every male person of the age of 
twenty-one years or more, who has resided in the 
state one year, in the county six months, and in the 
imecinct ninety days next preceding any election, is 
a qualified elector; but with this provision: He 
must be a citizen of the United States, either by 
having been born here or by having obtained citi¬ 
zenship through the regular process of naturaliza¬ 
tion; or is a civilized Indian, who has severed his 
tribal relations at least two years before voting. 
In all school questions, women with the same 
qualifications as above, are electors, and are eligible 
to any school office. 

Points for Development. —^why is the right to vote 
usually limited to males? To persons over twenty-one? 
Give reasons for the three conditions of residence. Why 
are not Indians in tribes allowed to vote? Why are 
women permitted to vote on school questions rather than 
other questions? Discuss the question of universal suff¬ 
rage. Should there be a property qua?’cation for voting? 
Why? Should there be an educational qualification? Why? 
Should there be other qualifications? 

Citizens. —a citizen is a person born in the 
United States and who has not renounced his alle¬ 
giance, or one who has become naturalized accord¬ 
ing to the laws of the United States. When a man 
becomes naturalized, his wife and also his children 


156 


CIVIL GOVERNMENT 


under age are naturalized. All persons not citi¬ 
zens are called aliens. 

Points for Development.— What proportion of the 
electors of the state are natural born citizens? What two 
countries have furnished to North Dakota the largest num¬ 
ber of naturalized citizens? Is the comparative number of 
natural born citizens larger in the towns or in the country 
of this state? How is it in the eastern states? 

Elections. —elections shall be by secret bal¬ 
lot, so that no man knows how another votes. The 
election of state officers is held in the various vot¬ 
ing precincts in the townships, villages, and cities 
of the state. County elections are held at the same 
time, and sometimes also other elections. The 
county commissioners divide the county into voting 
precincts, each precinct to contain not more than 
three hundred electors, making precincts, so far as 
possible, conform to townships, and in villages and 
cities to wards. 

Points for Development. —Discuss fully the advan¬ 
tages of secret ballot. What besides state and county 
elections were held in your county at the last general elec¬ 
tion? Why should all the votes for the same officer be 
cast on the same day? 

Election Officers. —The board of election in 
each precinct consists of an inspector and two 
judges. In organized townships the chairman of 
the board of supervisors is the inspector; in the 
cities the senior alderman in each ward; in villages 
the president of the board of trustees; in unorga¬ 
nized townships the county commissioners appoint 


FOR NORTH DAKOTA 


157 


the inspector. Before the polls are opened the in- 
pector shall appoint two judges, who are qualified 
electors in the precinct and who are members of 
different political parites and of the parties which 
cast the highest number of votes at the last general 
election. No near relative of a candidate can serve 
as a member of the board of election, nor can any 
one who has staked any wager on the result of 
the election. The board of election appoint two 
poll clerks, w^ho must have the same qualifications 
as enumerated above for judges. The board have 
control of the ballots and ballot boxes and general 
oversight of the election, and it is their duty to 
challenge the vote of any that they believe not to 
be qualified electors. Each clerk keeps a separate 
list of the names of those voting. 

Points for Development. —^Why should the judges and 
clerks be from different political parties? Why are rela¬ 
tives excluded from the board? Is betting on election law¬ 
ful? Explain what is meant by challenging a vote. Has 
any elector the right to challenge the vote of any person? 

Election Supplies. —The election supplies 
consist of ballot boxes, ballots, official stamps, poll 
books, and printed instructions. These are pre¬ 
pared under the direction of the auditor of each 
county and delivered to the inspectors of the vari¬ 
ous precincts, usually by the sheriff, at the expense 
of the county. Ballots are delivered in sealed 
packages duly marked on the outside. 

Points for Development. —i® it Jkist as well for 
each county to bear its own expense for election supplies 


158 


CIVIL GOVERNMENT 


as for the state as a whole to hear it? Can any one law¬ 
fully secure an official ballot before the day of election. 

The Ballot. —The ballot shall be of white pa¬ 
per, and printed in black ink. At the head of the 
ballot is printed the name of every political party 
represented on the ballot. The names of the candi¬ 
dates are arranged in columns, those of the party 
casting the highest number of votes in the state for 
congressman at the last general election in the 
first column, of the party casting the second high¬ 
est in the second column, etc. Under the name 
of each candidate is a space left for a name to be 
written in, if any voter desires. At the head of 
each column and at the end of each name and space 
there is a square. The presidential electors head 
the list of candidates, if it is a presidential year, 
and shall be arranged in a group with a single 
square at the right of the group; the state officers 
come next, and under these the county officers, and 
municipal officers, if there be any. 

Points for Development. — ^what party will be repre¬ 
sented in the left hand column at the next election? What 
other parties can have representation? Study a copy of 
the ballot of the last election. Will any party which was 
not represented on the last ballot be represented on the 
next? What besides the names of the regular party nomi¬ 
nees are found on the last ballot? 

Nominations for Office. —Nominations for 
office are made by direct vote of the people at 
what is now known as primary election, which 
takes the place of the fomer method of nomination 


POR NORTH DAKOTA 


159 


by convention. Under this system the following 
officers will be nominated: Members of congress, 
state officers, county officers, district assessors, 
judges of the supreme and district courts, mem¬ 
bers of the legislature, county commissioners, and 
United States senators. The date of said primary 
election is the last Wednesday of June. Candi¬ 
dates for United States senator, member of con¬ 
gress, state officers, and judges of supreme or dis¬ 
trict courts, must file with the secretary of state 
petitions giving title of office aspired to and party 
represented, signed by three per cent of the vote 
cast at the last election for the particular office by 
the party represented; but no more than three 
hundred names shall be required. For county or 
district office the petitions are filed with the coun¬ 
ty auditor and must be signed by five per cent of 
the votes cast, but not to exceed two hundred. The 
petition must be accompanied by a fee of one per 
cent of the annual salary of the office, except in a 
few of the minor offices. The ballots and method 
of voting are about the same as at the general elec¬ 
tions, except that there is a separate ballot for 
each party. The candidates of each party receiv¬ 
ing the highest number of votes for each office shall 
be considered the nominees of the parties; unless 
the total number of votes cast for any candidate be 
less than thirty per cent of the entire vote cast by 
the party at the last election for secretary of state, 
and then no nomination is made. 


160 


CIVIL GOVERNMENT 


Points for Development. —^What are the reasons for 
the change from the convention system? Why is it im¬ 
portant that there should be a full vote at the primaries? 

Notice of Election. —Notice of election shall 
be published in the official papers of each county 
for four consecutive weeks next preceding election. 

Points for Development. —the last election no¬ 
tice. What is the object of these notices? 

Conduct of Elections. —At all elections held 
under the general election law the polls open at 
eight o’clock a. m. and close at five o’clock p. m., 
unless the county commissioners by resolution fix 
an earlier hour for opening, not earlier than six a. 
m., or a later hour for closing, not later than eight 
p. m. The judges inspect the ballot box, then lock 
it. The ballots are produced and the seal publicly 
broken. Each ballot, before being given to an 
elector, must be stamped on the back with the 
words, ‘^official ballot,” also the name or number 
of the precinct, the name of the county and date 
of the election; and must have the written initials 
of the member of the election board giving the bal¬ 
lot. The elector enters a booth or compartment 
alone and there places a mark in the square at the 
head of the column or after each name for which 
he wishes to vote. He may insert or mark out 
names as he wishes. If he spoils a ballot he may 
return it and receive another, not to exceed three 
in all. If he is not capable of marking his ballot, 
from inability to read or physical disability, two 


FOR NORTH DAKOTA 


161 


of the election officers of different political parties 
may assist him. When the ballot is marked, it 
must be folded so as to conceal its face and dis¬ 
close the official stamp. It is handed to a judge, 
who deposits it in the ballot box. Separate boxes 
and ballots are supplied for women. 

Points for Development. —Why is the seal of the bal¬ 
lots publicly broken? What is the object of stamping and 
marking the back of the ballot? If a mark be placed 
after two names of candidates for the same ofBce would 
either be counted? If a voter should sign his name to a 
ballot would any part of the ballot be counted? What 
would be on the ballots prepared for women? Study the 
marking of the ballot carefully; thousands of ballots are 
now marked wrong at every general election. 

Canvass of Returns. —As soon as the polls 

are closed the election board proceed to canvass the 
vote. The poll books are inspected to see that they 
agree, the ballots are counted, and if found to ex¬ 
ceed the poll list, ballots shall be selected from 
them at random and destroyed. They shall then 
proceed to count the votes for each name, and con¬ 
tinue without adjournment until all are counted. 
As soon as the vote is all canvassed they shall make 
a public announcement of the same. They make two 
written statements of the results, one of which, to¬ 
gether with a poll book, they send sealed to the 
county auditor; the other statement and poll book, 
and ballots locked in the box, are delivered to the 
clerk of the township, village, or city. The key to 
the box is also sent to the auditor. The county 


162 


CIVIL GOVURNMENT 


commissioners and auditor, within fifteen days 
after election, shall meet and canvass the returns 
from the various precincts. As soon as the can¬ 
vass has been completed the auditor shall issue 
certificates of election to all county officers, and 
send an abstract of votes for state officers to the 
secretary of state. The state board of canvassers 
meet on the second Tuesday of December and can¬ 
vass the state returns. 

Points for Development. —^ what should the poll 
books agree? An excess of ballots might indicate what? 
Why should the board not adjourn until all the votes are 
counted? Why is the key sent to the auditor? Does the 
county canvassing board have a right to recount the bal¬ 
lots, or must they take the result of the canvass of each 
precinct board? If any defeated candidate doubts the 
legality of the voting or counting, what can he do? Be¬ 
fore whom would he bring his case? 

Restrictions. —The judges are forbidden to de¬ 
posit in the ballot box a ballot that does not have 
the official stamp. This is to prevent the use of 
ballots that might have been marked before the 
elector entered the polling place. No electioneer¬ 
ing or soliciting of votes is allowed on election day 
within the polling place or within fifty feet of the 
building in which the election is held. No person 
shall show his ballot, after it has been marked, to 
any person so as to reveal the markings. No 
person shall vote any other ballot than that given 
him by the judges, nor shall he place on it his name 
or any other mark by which it might be distin- 


POR NORTH DAKOTA 


163 


guished from other ballots. No civil process can 
be served on an elector on election day; the elec¬ 
tors can not be arrested on that day except for 
crime or public offense, otherwise persons might 
be detained from voting through the plotting of 
politicians. 

Points for Development. —^What objection to mark¬ 
ing ballots before entering the polling place? Why is elec¬ 
tioneering prohibited about the polls? Note the many safe¬ 
guards thrown around the whole Australian system in or¬ 
der to secure an absolutely secret and uninfluenced ballot. 

Registration. —Cities and villages of eight 
hundred or more inhabitants shall make a registra¬ 
tion of voters. The board of registration consists 
of the inspectors of the various precincts, together 
with judges appointed according to the city or vil¬ 
lage ordinance. These boards meet two weeks be¬ 
fore election and make an alphabetical list of all 
persons that they believe to be qualified electors 
in their several precincts. On Tuesday, one week 
before election, they shall meet at the usual polling 
places, and remain in session from eight in the 
morning until eight at night. The lists are open to 
public inspection. Any elector whose name is not 
registered can have his name registered by proving 
to the board that he is an elector. Names of per¬ 
sons proved to the satisfaction of the board not to 
be electors must be erased. On the day of election 
only those registered can vote, unless it be under 
oath and on the sworn statement of a householder 
and registered voter of the precinct. 


164 


CIVIL GOVERNMENT 


Points for Development— What is the general object 
of registration? Give reasons for and against extending it 
to all voting precincts. What is the penalty for illegal 
voting? From what classes of people does illegal voting 
usually come? Are the country or the town precincts 
likely to have the greater amount of illegal voting? Why? 
Which are usually guarded more closely by party leaders? 


CHAPTER XXXVIII. 


REVENUE AND TAXATION. 


Support of the State. —The revenues for the 
support of state, county, and municipal corpora¬ 
tions are obtained for the greater part from taxa¬ 
tion. Some of the support comes from fines, etc. 
The schools and public institutions are supported 
to some extent by the income from the public land 
grants. 

Points for Development. —whatever way taxes are 
paid, from whom do they finally come? Why are taxes in 
a republic just? Why do people so often find fault because 
of their taxes? Does the lessening of taxes lie with those 
who pay them? 

Kinds of Taxes. —Taxes are of two kinds, poll 
taxes and property taxes. A poll tax is a tax paid 
by male citizens regardless of the amount of prop¬ 
erty they may own. A property tax is a tax upon 
property, and is divided into two classes, real es¬ 
tate tax and personal property tax. 





FOR NORTH DAKOTA 


165 


Points for Development. —Origin of the word poll as 
related to taxes. Distinguish between real estate and per¬ 
sonal property. Which are houses? Cattle? Fences? 

Poll Tax. —A school poll tax of one dollar is as¬ 
sessed against every male elector in each county. 
A road poll tax of one dollar and fifty cents is as¬ 
sessed against every male person between the ages 
of twenty-one and fifty years. 

Points for Development. —Discuss the justness of a 
poll tax. Why is it right for a person without children to 
be taxed for schools? Why is fifty years the limit for 
road poll tax? 

Property Tax. —The state may levy a tax for 
state purposes upon all taxable property in the 
state, not to exceed four mills on the dollar valua¬ 
tion. The rate of levy is determined by the state 
board of equalization, and certified to the county 
auditors, w^ho extend it; and its collection is made 
in the same manner as county taxes. In addition 
to the four mills for general purposes, a tax may 
be added to pay interest on the state debt. Pro¬ 
perty on which taxes have not been paid is ad¬ 
vertised and sold at auction for the payment of 
such taxes. 

Points for Development.— How much taxable pro¬ 
perty of each kind in the state? What would be the an¬ 
nual revenue on this if the full amount were levied? Give 
reasons for and against the taxation of real estate only. 
How may property be redeemed after it has been sold for 
taxes? How does the assessed valuation of the state com¬ 
pare with its real value? 


166 


CIVIL GOVERNMENT 


Exemptions. —Certain exemptions from taxa¬ 
tion are made, of which the following are the most 
important: Property of the United States, state, 
county, or municipal corporation, when for public 
use; agricultural fair grounds, cemeteries, grounds 
and buildings for educational, benevolent, and re¬ 
ligious purposes, and all property belonging to the 
same; grounds, buildings, and apparatus of mili¬ 
tary organizations; personal property to the 
amount of ten dollars. 

Points for Development —Give reasons for each of the 
exemptions. The exemption on household goods was for¬ 
merly two hundred dollars. Why was it changed to ten 
dollars? Discuss the question of exempting manufactories 
from taxation to induce them to locate in any place. 

Public Debt. —In order to meet some unlooked 
for failure in the revenue, or in case of extraordi¬ 
nary emergency, the state may contract debts, but 
never to exceed two hundred thousand dollars. 
This amount does not include the debt of the state 
at the time of the adoption of the constitution. 
Such debts can only be authorized by law for some 
definite purposes, and the law must provide for a 
tax that will meet the interest, and also the prin¬ 
cipal within thirty years. To provide funds for re¬ 
pelling invasion or suppressing insurrection, or to 
defend the state in time of war, there is no debt 
limit. 

Points for Development. —^What are some reasons for 
and against increasing the debt limit? Give reasons for 
and against the increase or decrease of the limit as the 


FOR NORTH DAKOTA 


167 


valuation increased or decreased. Do states usually free 
themselves from debt? What is the justness of contin¬ 
uing a debt to the next generation? What is repudiation? 
Can a state repudiate its debt? Why is there no debt 
limit in case of great danger to the state? 


CHAPTER XXXIX. 


EDUCATION AND MILITIA. 


Education. —Tlie constitution makes it manda¬ 
tory upon the state to provide for the establish¬ 
ment and maintenance of a system of public 
schools, open to all children of the state and free 
from sectarian control, and this can not be revoked 
by amending the state constitution, but only by re¬ 
ceiving the consent of the United States. The 
state is also required to take steps to prevent 
illiteracy, to secure a reasonable degree of unifor¬ 
mity in course of study, and to have and retain ex¬ 
clusive control of all colleges, universities, and 
other educational institutions supported by public 
lands or public tax. The legislature has according¬ 
ly made laws covering these points, and has estab¬ 
lished a system of free public schools, beginning 
with the primary and extending through all the 
grades, including the normal and collegiate 
courses. The legislature has power to make pro¬ 
vision for the sale of school lands when they shall 
become worth at least ten dollars per acre, and 
much of the land has already been sold, and the 





1G8 


CIVIL GOVERNMENT 


permanent interest-bearing school fund of the state 
is already large. 

Points for Development.— ^^iscuss the necessity for 
such a strong provision in regard to education. What are 
the advantages of having the higher schools under state 
rather than denominational control? What special steps 
are necessary to prevent illiteracy? From what portion of 
the state has most of the school land been sold? Why has 
it not been sold in other portions? How much is the per¬ 
manent school fund at present? In what is most of this 
invested? Compare the amount of money spent on schools 
in North Dakota with that of other states. 

Militia. —The term militia is sometimes used to 
mean any body of soldiers, but in its legal meaning 
it has a different application. The militia of the 
state are all able-bodied male citizens between the 
ages of eighteen and forty-five, except such as are 
exempt by law. The assessors each year, when 
making assessments, make lists of all persons liable 
to military duty and transmit these lists to the 
secretary of state. This is called the enrollment 
of the militia. 

Points for Development. —How many does the militia 
of the state number? Discuss the reasons for the limits 
of age. Who are exempt from military duty? In some 
countries every able-bodied young man must receive a 
certain amount of military training. Discuss its necessity 
in this country. 

Militia; Organized and Unorganized.—The 

militia of the state is divided into two classes, the 
organized and unorganized. The former is called 
the North Dakota National Guard, and consists of 


POk NORTH DAKOTA 


16^ 


one regiment of infantry and the departments 
necessary to its maintenance, and may have one 
battalion of artillery and one or more troops of 
cavalry. The regiment is divided into companies, 
Any person of proper age may enlist in the Guard 
for a term of three years, and he is then under 
special military duty and must conform to certain 
military laws. The number in each company, bat¬ 
tery, or troop is not to exceed forty privates and 
the officers attached to each. This number may be 
increased by the commander-in-chief. All persons 
of proper qualifications, not members of the Guard, 
are the unorganized militia of the state. 

Points for Development. —How many members of the 
organized militia of the state? Define infantry, cavalry, 
artillery. What is the state encampment? Name the of¬ 
ficers of the guard by rank. Has the North Dakota Na¬ 
tional Guard ever been called into active service? 

Militia; How Called Into Service. —The un¬ 
organized militia is subject to active military duty 
only in case of war, invasion, or to prevent invasion, 
riot, or insurrection. In any of these cases the 
governor, who is commander-in-chief of the mili¬ 
tary forces of the state, has the authority to call 
out as many of the militia as he may deem neces¬ 
sary. The militia while in active service are 
governed by the military law of the state and the 
rules of war of the United States. The organized 
militia, or G^^ard, is the first to be called to active 
duty. 



170 


CIVIL GOVBRNMBNT 


Points for Development.— Has the unorganized mili¬ 
tia of this state ever been called out? Name some of the 
differences between military law and civil law. 


CHAPTER XL. 


IMPEACHMENT, PROHIBITION, AMENDMENT. 


Impeachment. —a person is said to be im¬ 
peached when he is accused of some offense. Only 
state officers, including judges of the supreme and 
district courts, can be legally impeached in this 
state. Other officers may be accused, tried, and 
removed from office, but the process is not called 
impeachment. An officer may be impeached for 
drunkenness, crime, corrupt conduct, or malfea¬ 
sance or misdemeanor in office. No impeachment 
can be made except by the house of representa¬ 
tives,' and the house can not bring its' complaint ex¬ 
cept by a majority vote of the members elected. The 
complaint, or impeachment, is brought before the 
senate, which body sits as a court of trial in all 
impeachment cases. If the governor or lieutenant- 
governor is on trial, the chief justice of the su¬ 
preme court presides over the senate. The prose¬ 
cution is conducted by five or more managers, 
selected by the house, the presiding officer of the 
senate acts as judge, and the whole senate sits as 
a jury. To convict there must be a concurrence of 
two-thirds of the senators elected. A conviction 
removes the impeached officer from office, and 





FOR NORTH DAKOTA 


171 


may disqualify him from holding any office of trust 
in the state. ,*4 

Points for Development. —Have there heen any cases 
of impeachment in this state? Why should not the lieu¬ 
tenant-governor preside in the senate while the governor is 
being tried? Why so large a majority necessary to con¬ 
vict? Why should impeachment of district judges come 
before the state legislature? 

Prohibition. —The constitutional convention 
earnestly discussed the question of inserting in 
the constitution a clause prohibiting the manu¬ 
facture and sale of intoxicating liquors in the 
state. Many thought that such a clause might 
endanger the adoption of the whole constitution. 
It was therefore decided to submit the prohibit¬ 
ory clause as a separate article, to be incorporated 
in the constitution, if adopted. It was adopted, 
and is therefore a part of our constitutional law. 
The article is very concise, simply stating that no 
person or corporation shall within the state manu¬ 
facture, import, sell, or keep for sale, gift, barter 
or trade, any intoxicating liquor as a beverage. 
It also enjoins the legislature to prescribe regula¬ 
tions for the enforcement of the same. This the 
legislature has done by placing a penalty for the 
first offense of not less than two hundred dollars 
fine and not less than ninety days in the county 
jail, and for the second offense, imprisonment in 
the penitentiary for not less than a year. 

Points for Development. —Mention some other states 
that have constitutional prohibition. What are some of the 



172 


CIVIL GOVERNMENT 


arguments of those who oppose prohibition? What efforts 
have been made to render the law inoperative? Discuss 
the enforcement of the law in general throughout the 
state. 

Amendments. —The constitution, even though 
when made it was fitted to the needs of the state, 
might be found inadequate to the changed circum¬ 
stances of the state in the future; therefore provi¬ 
sion was made for its amendment. Before a pro¬ 
posed amendment becomes a part of the constitu¬ 
tion it must undergo three ordeals. It must first 
be agreed to by a majority of the members of each 
house of the legislature; it must next be agreed to 
in the same way by the next legislative assembly; 
and it is lastly submitted to a vote of the people. 
If a majority of the votes cast are in favor of it, it 
becomes a part of the constitution. Only a few 
amendments have yet been adopted, the chief one 
forbiading the legislature to authorize lotteries or 
gift enterprises, and enjoining the legislature to 
pass laws to prohibit the sale of lottery or gift en¬ 
terprise tickets. 

Points for Development. —Compare the method of 
amending our constitution with that of the United States 
and with some other states. Why so many difhculties in 
amending a constitution? Why did the lottery amendment 
happen to come up so soon? Did the amendment meet with 
much opposition? Are there any other proposed amend¬ 
ments to the constitution receiving attention now? 


PART II. 

NATIONAL GOVERNMENT. 


SECTION I. 

Origin of the Government. 

CHAPTER XLI. 

EARLY COLONIAL DEVELOPMENTS. 

Introductory, —The government of the United 
States has not been the growth of merely a century, 
but has been germinating in the minds of the liberty- 
loving, English-speaking people for more than a 
thousand years. The history of England has been 
one almost continuous assertion of the rights of the 
people to have a voice in their own government. 
The murmurings, uprisings, rebellions, and the revo¬ 
lution of our colonial history were the outward dem¬ 
onstrations of that same God-given principle of love 
of freedom. Although many nations had a part in 
the colonizing projects of America, and several na¬ 
tions gained strong foothold within the present 
limits of the United States, yet only one has fixed 

( 173 ) 





174 


CIVIL GOVERNMENT. 


its stamp indelibly on our nation’s government. 
Prior to the revolution and the birth of the present 
nation, all of the thirteen colonies had become 
English, not only in government, but also in speech 
and thought. It is therefore from this basis of 
English origin that we must stud}^ the development 
of our national government to its present form. 

Early Evidences of the Self-Governing Spirit. 

—Almost as soon as a colony was permanently es¬ 
tablished the struggle for self-government began. 
The Jamestown colony endured the evils of re¬ 
pressive government from across the sea for less 
than twelve years from its founding, and then, in 
1618, was granted the “Great Charter,” which gave 
the people a voice in making their own laws. Ed¬ 
ward Eggleston says: “This was the beginning of 
free government in America. * * * The gov¬ 

ernment of the United States by a president, a sen¬ 
ate, and a house of representatives shows that the 
ideas put into the Great Charter have left their 
mark on the constitution of our country.” 

The Mayflower Compact. —Only two years after 
the granting of the Great Charter, that liberty-seek¬ 
ing band of Pilgrims, even before taking possession 
of the land of their new home at Plymouth, made 
that solemn compact in the cabin of the Mayflower, 
that remarkable agreement which will be handed 
down among the few precious state papers of a free 
people. In that compact is the germ of the consti¬ 
tution of a great nation. It says: “We. 

do, by these presents, solemnly and mutually, in the 



EARLY COLONIAL DEVELOPMENTS. 


175 


presence of God, and one another, covenant and 
combine ourselves together into a civil body politic, 
for our better ordering and preservation and further¬ 
ance of the ends aforesaid; and by virtue hereof, to 
enact, constitute, and frame such just and equal 
laws, ordinances, • acts, constitutions and offices, 
from time to time, as shall be thought most meet 
and convenient for the general good of the colony.” 

The Connecticut Constitution.— Another land¬ 
mark in the early history of government-making in 
America is what is sometimes called the Connecticut 
constitution and sometimes the Hartford constitu¬ 
tion. It was framed in 1639 at Hartford by the in¬ 
habitants of the towns of Hartford, Wethersfield, 
and Windsor. It is the first written American con¬ 
stitution. The historian, Montgomery, says of it: 
‘^One remarkable fact about that compact is that it 
made no mention either of the king of England or 
the English company which held a royal grant of the 
Connecticut lands. It was in reality the constitu¬ 
tion of a republic; and the men who framed it re¬ 
fused to bow to any authority outside or above 
themselves, except that of their Maker.” 

The ‘‘Grand Model —The illustrious philoso¬ 
pher, John Lockers, constitution for the government 
of the Carolinas deserves mention among other noted 
constitutions of our early colonial history. The 
Grand Model, as it was called, laid out a grand do¬ 
main in the then western wilds, placing over it a 
nobility who held all the power and regulated all 
the acts of the inhabitants, but made no provision 


176 


CIVIL GOVERNMENT. 


for the common people to have a voice in their own 
government. This proved to be a fatal omission, 
and the great plan failed, as all have which do not 
recognize in the English people the sovereign power. 

The “Great Law.” —In 1682 William Penn gave 
to his people for their government the “Great Law,” 
which inculcated the two great principles of liberty 
and obedience; for, as Penn himself says: “Liberty 
without obedience is confusion, and obedience with¬ 
out liberty is slavery.” Under this constitution 
Pennsylvania became the refuge for the oppressed. 


CHAPTER XLII. 


LATER COLONIAL DEVELOPMENTS, 


The Albany Plan .—In accordance with a recom¬ 
mendation from the English government, a conven¬ 
tion of representatives from several of the colonies 
was held at Albany in 1754 for the purpose of form¬ 
ing a plan for a closer union and better defense of 
the colonies. A jdan was proposed by the conven¬ 
tion which, before going into operation, was to be 
ratified by the English government and by each 
colony. Macy says of it: “The English government 
rejected the plan, because it gave too much power 
to the proposed colonial government; and the colo¬ 
nies rejected it because it gave too much power to 
England.” This indicates that the spirit of self- 
government was developing. 





LATER COLONIAL DEVELOPMENTS, 


177 


The Declaration of Rights. —The colonies dur¬ 
ing their first fifty or sixty years made their own 
laws to a great extent. This they continued to do 
to some extent even to the time of the revolution, 
but at times England w^ould interfere with these 
sacred rights. These interferences became more 
frequent as the colonies came to be worth the notice 
of the English government. The colonists more or 
less patiently endured repressions until the passage 
of the famous stamp act in 1765. Then representa¬ 
tives from nine of the colonies met in New York 
and prepared a formal ^^Declaration of Eights.” In 
this declaration they still afiirm their allegiance to 
the crown of Great Britain, but claim inherent rights 
as subjects of that kingdom. They declare their 
right not to be taxed without representation, to have 
trial by jury, and especially do they protest against 
the ^^stamp act.” The declaration is mild in its 
utterances, but the undercurrent of firmness in it 
indicates that this is the beginning of the end of 
British oppression. 

The First Continental Congress. —The first 
Continental Congress met in Philadelphia in 1774. 
Its purpose was to consider what course it was best 
for the colonies to pursue. The work of the con¬ 
gress was similar to that of the convention of 1765. 
They formulated another Declaration of Rights, in 
wdiich they demanded the right to levy aU taxes 
and make all laws in their own assemblies. They 
continued their professions of allegiance to the king, 
but the general spirit of the congress was not con¬ 
ciliatory. It was another step toward a government 
of their own. 


178 


CIVIL GOVERNMENT. 


The Second Continental Congress.— The sec¬ 
ond Continental Congress met in Philadelphia, May 
10 , 1775, and continued to be the directing power of 
the united colonies until near the close of the revo¬ 
lution and adoption of the Articles of Confederation 
in 1781. At first it continued with the same profes¬ 
sions of allegiance to the king as the two preceding 
conventions, but proceeded to raise an army to de¬ 
fend the colonies, an e^ddence of confidence in itself 
as a governing power. 


CHAPTER XLIII. 


BIRTH OF THE NATION. 

The Declaration of Independence.— In the sec¬ 
ond Continental Congress, in June, 1776, Richard 
Henry Lee of Virginia offered the following resolu¬ 
tion: ^^Resolved, That these United Colonies are, 
and of right ought to be, free and independent 
states.” Thomas Jefferson, John Adams, Benjamin 
Franklin, Roger Sherman, and Robert R. Livingston 
were appointed a committee to draft a declaration 
based on this resolution. They performed their 
task faithfully and presented to congress a draft, 
which, after mature consideration and slight amend¬ 
ments, was adopted by that body on the Fourth of 
July, 1776. This was the birth of our nation, and 
the study of our nation’s government properly begins 
with this date. Before this the people and the gov- 





BIRTH OF THE NATION. 


179 


ernment professed allegiance to England’s king; 
now all professions of allegiance were thrown off 
and the new nation assumed its place among the 
nations of the earth. 

Analysis of the Declaration The Declaration 

of Independence is worthy of the critical study of 
every student of civil government. It was written 
almost wholly by that great statesman, the immortal 
Jefferson. Its preamble reads thus: “When, in 
the course of human events, it becomes necessary for 
one people to dissolve the political bands which have 
connected them with another, and to assume, among 
the powers of the earth, the separate and equal sta¬ 
tion to which the law of nature and of nature’s God 
entitles them, a decent respect to the opinions of 
mankind requires that they should declare the 
causes which impel them to the separation.” It 
boldly states the fundamental principles of free gov¬ 
ernment, “that all men are created equal” and “are 
endowed by their Creator with certain inalienable 
rights,” among which “are life, liberty, and the pur¬ 
suit of happiness.” It further submits “to a candid 
world” some of the reasons for such a declaration, 
holding the king of England responsible for the 
movement, and closes with these words: “And for 
the support of this declaration, with a firm reliance 
on the protection of Divine Providence, we mutually 
pledge to each other our lives, our fortunes, and our 
sacred honor.” 

The Confederation. —Closely following the Dec¬ 
laration of Independence came the formation of a 
union of the colonies under a government of their 


180 


CIVIL GOVERNMENT. 


own. The Continental Congress, after a little over 
a year’s deliberation, adopted, on Nov. 15, 1777, the 
Articles of Confederation. These were to go into 
operation when ratified by all the states; but as the 
last state did not consent to them until March, 1781, 
our country had no other law than that of the con¬ 
gress until that time. A government without funda¬ 
mental law and with only the will of a congress to 
control it from day to day must necessarily be a 
wTak government; and so ours proved during the 
revolutionary period. The war Tvas prolonged much 
longer than it would have been under a strong cen¬ 
tral government 

The Articles of Confederation. —The govern¬ 
ment under these articles was not much better than 
it had been under the Continental Congress, but still 
it had fundamental law, and was a step toward the 
strong government that was to come. The people 
of the colonies had realized the evils of a strong cen¬ 
tral government through the tyranny of the English 
king; therefore very little power was given to the 
general government, but most of it retained for the 
individual states. Only one branch of government 
was recognized, and that was the legislative. This 
legislative body could not execute its laws, but made 
them in the form of recommendations to the states. 
It had only one house, to which members were 
elected for only one year. It had power to deter¬ 
mine all matters pertaining to war and peace, to 
decide disputes between states, to fix the standards 
of weights and measures, to determine the fineness 
of coins, to have control of postolfices, to appropriate 


BIRTH OF THE NATION. 


181 


and to borrow money. But without power to carry 
out these jirovisions the nation soon became hope¬ 
lessly weak, all kinds of business were stagnant, and 
the iDeople were suffering from a depression not nat¬ 
ural to so fruitful a country. What should be done? 

Ordinance of 1787. —The congress of the confed¬ 
eration in July of 1787 passed the celebrated and 
important ordinance for the government of the 
Northwest Territory. By this ordinance slavery 
was never to exist north of the Ohio River. This 
was the beginning of that series of debates and com¬ 
promises on the slave question which finally ter¬ 
minated in the emancipation proclamation and the 
last three amendments to the constitution. Many 
historians believe that this ordinance had more in¬ 
fluence on the slave question and did more towards 
their final emancipation than any other act of a 
legislative body. Our territory then extended only 
to the Mississippi. Florida was not ours, and our 
government was in its weakest and most critical 
period; yet that ordinance almost effectually divided 
the territory then held and afterwards acquired into 
free and slave states. It was the crowning demand 
for freedom of the people of the new world, and its 
spirit was fully recognized and accepted almost 
ninety years later. This ordinance also guaranteed 
religious toleration and made provision for future 
aid to free schools by setting aside section 16 of 
each township for school purposes. 


CHAPTER XLIV. 


THE CONSTITUTION. 


The Constitutional Convention —The cause of 
the continued and increasing depression following 
the Revolution was soon found to have its founda¬ 
tion in the form of the government itself. Although 
the articles of confederation did not become effect¬ 
ive until 1781, yet as early as 1785 some of the states 
passed resolutions or took action condemning the 
government under these articles. It was not be¬ 
cause the states had been deprived of too much 
power, but because so much had been left to them 
individually that they were continually wrangling 
among themselves, and the nation was without re¬ 
spect at home and abroad. In 1786, at the invitation 
of the legislature of Virginia, delegates from five of 
the states met at Annapolis to discuss the subject of 
the trade of the United States. This convention 
recommended that delegates from all the states 
meet in Philadelphia in May of the next year to con¬ 
sider the situation of the United States. Congress, 
in the following February, passed a resolution rec¬ 
ommending that such a convention be held for the 
purpose of revising the articles of confederation. 
In accordance with this recommendation, delegates 
from all the states, except Rhode Island, met in 
Philadelphia, May 14, 1787, and formed an organiza¬ 
tion on May 25. with George Washington as presi¬ 
dent. 


(182) 




THE CONSTITUTION, 


183 


Adoption of the Constitution— The fifty-five 
members of the convention spent nearly four months 
in discussing the various articles for a new consti¬ 
tution; for it became apparent from the first that 
the old constitution could not be so revised as to 
make it suited to the needs of our country. At last, 
after many compromises, the constitution, under 
which we as a nation have wrought so prosperously 
for over a hundred years, was on Sept. 15, 1787, ac¬ 
cepted by the convention, and two days later was 
signed by thirty-nine of the members. The constitu¬ 
tion provided that as soon as it should be ratified 
by the people of nine states, it should become the 
constitution of the states so ratifying it. In July, 
1788, New Hampshire, the ninth state, sent its ratifi¬ 
cation, and the constitution then became binding 
upon these states. However, the constitution did 
not go into operation until March 4,1789. The other 
four states finally adopted its provisions. North 
Carolina and Rhode Island being the last, not com¬ 
ing into the Union until about a year after the or¬ 
ganization of the new government. 

Superiority of the Constitution.— The consti¬ 
tution is superior to the articles of confederation in 
that it gives power to the central government. The 
national government can now command where be¬ 
fore it could only recommend. It has the three de¬ 
partments of government, and therefore can execute 
and interpret its own laws instead of leaving those 
important functions to the varying moods of the 
several states. The constitution was made for the 


184 


CIVIL government. 


development of a nation while at peace as well as 
for the protection of the same while at war. The 
articles of confederation were made in time of war, 
and looked more to the exigencies of the time than 
to the needs of the future. The constitution is the 
fundamental law of a nation of people, while the ar¬ 
ticles of confederation comprised not much more 
than a compact or agreement entered into by the 
different states. The difference between the two 
will be brought out more fully in the discussion of 
the constitution which is to follow. 

Signers of the Constitution. —Before entering 
on a detailed study of the constitution it is well to 
know who were the men who gave to us this re¬ 
markable document. Eleven years before, the Dec¬ 
laration of Independence had been signed by such 
men as John Hancock, Samuel Adams, John Adams, 
Elbridge Grerry, Roger Sherman, Robert Morris, 
Benjamin Franklin, Richard Henry Lee, Thomas Jef¬ 
ferson, Francis Lightfoot Lee, and forty-six others, 
most of whom were renowned leaders during the 
revolutionary period and the early years of the na¬ 
tion. Of the fifty-six who signed the Declaration 
of Independence only six signed the constitution, 
namely: Roger Sherman, Benjamin Franklin, Rob¬ 
ert Morris, George Clymer, James Wilson, and 
George Read. But others were there whose ability 
would make any country illustrious. There were 
Alexander Hamilton, William Livingston, Gouv- 
erneur Morris, James Madison, John Rutledge, the 
Pinckneys, and George Washington, president of the 


THE CONSTITUTION, 


185 


convention. Each of these names is familiar to every 
student of American history, and is worthy of the 
critical and reverential study of every student of 
civil government. Especially illustrious is the name 
of James Madison in connection Vv^ith the framing 
of the constitution, and afterwards in securing its 
adoption. 


SECTION 11. 

Analysis of the Constitution. 


CHAPTER XLV. 


INTRODUCTORY. 


Preamble.— “We, the people of the United States, in or¬ 
der to form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and estab¬ 
lish this constitution for the United States of America.” 

Source of Power. —in the preamble to the con¬ 
stitution there are several points to be considered. 
The first is the source of power which is expressed 
by the term people. The constitution recognizes in 
its first line that the people are and must be the real 
governing power in a republic. The vital weakness 
of the articles of confederation was that the people 
were not recognized, but the confederacy was to be 
a ^^union between the states * * * a firm league 

of friendship with each other.’^ The government 
under the constitution is not a league between the 
states, but is a government of itself of which each 

state is a subordinate part. 

( 186 ) 





INTRODUCTORY. 


187 


More Perfect Union. —During the few years 
that the United States tried the government of the 
“union between the states’’ discord increased. Each 
state became jealous of its neighbor. The state 
then had sovereign power and no such union could 
be abiding. Therefore the next object after declar¬ 
ing the people sovereign was to provide for a more 
perfect union of the states, one in which all would 
have equal rights, with a power outside of them¬ 
selves to determine those rights. 

Justice. —In the colonial days trial at home was 
often denied the colonists, and they were taken be¬ 
fore the courts of England. Under the confedera¬ 
tion there was no judicial department in the gen¬ 
eral government and no power to regulate the courts 
of the several states. Therefore laws were often 
made by the states that were unjust to citizens of 
neighboring states, and courts of justice were every¬ 
where coming into disrepute. Hence the necessity 
to establish justice. 

Domestic Tranquillity. —The states were con¬ 
tinually quarreling with one another. Boundaries 
were constantly under dispute, taxes were not suita¬ 
bly equalized, and as a result the spirit of rebellion 
was almost everywhere rife. There must be some 
authority to quell rebellion, to dispel its causes, and 
to secure domestic tranquillity. 

Common Defense. —The states being sovereign 
might refuse to aid in the common defense. Only 
a strong central government can prosecute a war 
successfully. The Revolution was successsful only 


188 


CIVIL GOVERNMENT. 


because the colonies gave up their power to con¬ 
gress. Now the states had individual interests, and 
these interests were likely to deter them from com¬ 
ing to the support of the nation in time of war. 

General Welfare. —The prime object in the call 
for a convention to revise the articles of confedera¬ 
tion w'as to promote the general welfare. This pro¬ 
vision has been broadly interpreted and made to 
cover a multitude of transactions that have been 
beneficial to the nation. 

Blessings of Liberty. —The blessings of liberty 
obtained by eight years of war and bloodshed were 
fast slipping away because of the weakness of the 
general government. Something must be done to 
secure this priceless boon for themselves and their 
posterity. The articles of confederation were in¬ 
adequate for it, but the constitution has accom¬ 
plished all that its makers hoped. 


CHAPTER XLVI. 


THE LEGISLATIVE DEPARTMENT. 

Article I, Section 1. — “All legislative powers herein 
granted shall be vested in a congress of the United States, 
which shall consist of a senate and house of representa¬ 
tives.” 

Congress. —Under the confederation there was 
only one body of lawmakers, and in this each state, 
whether large or small, had the same voting power, 
each state having one vote. In the constitutional 





THE LEGISLATIVE DEPARTMENT. 


189 


convention the small states desired to continue this 
arrangement, while the large states desired repre¬ 
sentation according to population. Some desired 
congress still to represent the states, w'hile others 
desired it to represent the people. All desired the 
welfare of the nation and a compromise prevailed. 
Tw^o houses were decided upon, the senate repre¬ 
senting the states and with equal representation 
from each, and the house of representatives repre¬ 
senting the people and with representation accord¬ 
ing to population. The plan follows to some extent 
that of the British parliament, and in turn is fol¬ 
lowed in some degree bj every state in the Union. 
Congress has, besides its general meaning of the 
legislative body of the United States, a special mean¬ 
ing. In its special sense a congress is the two years 
for which representatives are elected, and begins 
and expires on the fourth of March in odd numbered 
years. The first congress was from 1789 to 1791. 
The representatives and senators elected in 1896 
and the early part of 1897 will be members of the 
congress that begins the fourth of March, 1897, and 
will be the fifty-fifth congress. 

Akticle I, Section 2. (1) “The house of representatives 
shall be composed of members chosen every second year by 
the people of the several states, and the electors in each 
state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature.” 

House of Representatives. —Two years is the 
length of term of members of the house, and was the 
result of another compromise. Members before had 
been elected annually, and some thought that the 
states could keep better control of the legislators 


190 


CIVIL GOVERNMENT. 


if the term was only one year. Others thought thac 
several years were necessary to any man in order 
that he might become familiar with the methods of 
legislation. The state makes it own rules as to the 
method of electing the representatives, provided 
that all voters for members of the lower branch of 
the legislature are permitted to vote for representa¬ 
tives to congress. In most states the state is di¬ 
vided into sections of nearly equal population and 
corresponding in number to the number of repre¬ 
sentatives to which the state is entitled, and each 
section elects its own representative. In some 
states some of the representatives are elected at 
large. 

(2) “No person shall be a representative who shall not 
have attained the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that state in which he 
shall be chosen.” 

Qualifications of Representatives.— The consti¬ 
tution requires members of the house of representa¬ 
tives to have been voters four years before they are 
intrusted to make laws for those who elect them. 
Also a twelve years’ residence in the United States, 
five years to become a citizen, and seven afterwards, 
is required before a person is supposed to be familiar 
with the needs of the country. He must be an in¬ 
habitant of the state, but not necessarily of the dis¬ 
trict in which he is elected. The states may deter¬ 
mine this for themselves. 

(3) “Representatives and direct taxes shall be apportioned 
among the several states which may be included within 
this Union, according to their respective numbers, which 


THE LEGISLATIVE DEPARTMENT. 


191 


shall be determined by adding to the whole number of 
free persons, including those bound to service for a num¬ 
ber of years, and excluding Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the con¬ 
gress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law 
direct. The number of representatives shall not exceed one 
for every thirty thousand, but each state shall have at 
least one representative; and until such enumeration shall 
be made, the State of New Hampshire shall be entitled to 
choose three, Massachusetts eight, Rhode Island and Provi¬ 
dence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten. North Carolina five. South Carolina 
five, and Georgia three.” 

Representation and Taxation.— The Revolution 
was the result of taxation without representation; 
therefore in forming the people’s house of congress 
the two were inseparably combined. Both shall be 
apportioned in proportion to the population. Direct 
taxes have not often been levied in the United States 
for national purposes, but when they have each state 
has paid its just proportion, not according to valua¬ 
tion, but population. 

Population; How Determined.— At present it is 
easy enough to determine the ratio of apportionment 
for each state, simply by taking the census of all 
persons except Indians not taxed; but when the con¬ 
stitution was made there were many slaves in some 
of the states, and the delegates from those states 
contended that they should be counted as well as 
women and children in determining the representa- 


192 


CIVIL GOVERNMENT. 


tion. Delegates from states without slaves con¬ 
tended that slaves were property and should not be 
counted. The usual compromise came in, and three- 
fifths of the slaves were counted in determining both 
representation and taxation. So few direct taxes 
have been levied that the result of the compromise 
was largely to the advantage of the slave-holding 
states. The expression “bound to service” has little 
or no meaning now, as the old custom of “binding 
out” apprentices has become nearly obsolete. 

Number of Representatives. —Every state is 
entitled to at least one representative and as many 
more as its population warrants. In order that the 
house might not become too large the lower limit 
of one representative for thirty thousand inhabit¬ 
ants was decided upon. Congress has the power to 
increase the ratio of representation and has done 
so after every census since 1810. It will be noted 
that the first house consisted of sixty-five members, 
but in 1793 it was increased to one hundred five, and 
in 1803, to one hundred forty-one, which was based 
on a ratio of one representative to about thirty-three 
thousand population. Since that time the ratio of 
population has been increased every ten years until 
in 1903 it became one for about 190,000. The 
number of representatives has also been increased 
every ten years, except in 1843, when the number 
was decreased from two hundred forty to two hun¬ 
dred twenty-three; in 1903 the number had reached 
three hundred eighty-six. 


THE LEGISLATIVE DEPARTMENT. 


193 


(4) “When vacancies happen in the representation from 
any state, the executive authority thereof shall issue writs 
of election to fill such vacancies.” 

Vacancies; How Filled. —Vacancies in nearly 
all offices of the nation, as well as the state, are 
usually filled by appointment, but representatives, 
both in state and nation, form an exception to this 
rule. When a vacancy occurs, the governor calls a 
special election, at which election a representative 
is elected to fill the unexpired term. 

(5) “The house of representatives shall choose their 
speaker and other ofllcers; and shall have the sole power 
of impeachment.” 

Speaker of the House.— The speaker of the 
house, elected at the beginning of the first session 
of each congress, is a very important officer, proba¬ 
bly third in rank and second in power to the presi¬ 
dent. The house makes its own rules, but the 
speaker is always granted the privilege of appoint¬ 
ing all the committees, and as much legislation is 
manipulated by the committees, herein his power is 
great. He is a member of the house, is usually of 
the party having the majority in that body, and en¬ 
deavors to influence legislation along the lines of the 
party electing him. 

Other Officers. — The other officers of the house 
are clerk, sergeant-at-arms, doorkeeper, postmaster, 
and chaplain. The duties of the clerk are to keep 
a record of all the proceedings. The sergeant-at- 
arms preserves order under the direction of the 
speaker. The doorkeeper has charge of the assem- 


194 


CIVIL GOVERNMENT. 


bly room, the postmaster has charge of the mail de¬ 
partment of the house, and the chaplain offers the 
prayer with which each day’s session is begun. 
These officers are not members of the house. 

Impeachment.— The subject of impeachment has 
been fully discussed under that head in a former 
chapter on state government. It is the same in the 
nation, the lower house, or the people’s representa¬ 
tives, having the sole power to bring accusation 
against an officer high in power. 

Article I, Section 3. (1) “The senate of the United 
States shall be composed of two senators from each state, 
chosen by the legislature thereof, for six years, and each 
senator shall have one vote.” 

Number of Senators. — As has already been 
stated, the number of senators from each state was 
the result of a compromise, a yielding to the smaller 
states and to the principle of state representation. 

Method of Choosing Senators.— Allowing the 

state legislatures to elect senators was another con¬ 
cession to the principle of state representation. It 
was also thought that by this method men might be 
selected under different influences than the repre¬ 
sentatives, and would thus be a check upon harm¬ 
ful legislation by the other body. Both of these rea¬ 
sons for the method of election have lost the greater 
part of their force. The constitution does not pro¬ 
vide for the method of procedure in electing a sen¬ 
ator, but congress in 1866 made such provision. On 
the second Tuesday after the organization of the 
legislature, each house votes separately by a viva 


THB LEGISLATIVE DEPARTMENT, 


195 


voce vote and records the result. At twelve o’clock 
on the next day the two houses meet in joint session, 
the result of the vote of the day before in each house 
is read, and if any one person has received a ma¬ 
jority of all the votes in each house, he is declared 
elected. If not, the joint assembly proceed to vote, 
and must take at least one vote, each day until some 
one receives a majority of aU votes. 

Term of Office of Soxiators. —The senate being 
a more select body than the house, would acquire 
more dignity if given a longer term of ofiSce. It was 
also thought that greater care might be observed in 
selecting senators if their term was to be longer. 
A long term would surely give freedom and inde¬ 
pendence of action and would avoid a change of 
policy for every whim of public opinion. A country 
is better under some poor laws than under too many 
and too frequent changes of law^s. Therefore the 
term of office of senators was made six years to 
offset any evils that might arise from a change of 
the lower house every two years. 

Vote of Senators. —Under the articles of con¬ 
federation each state had only one vote. The mem¬ 
bers from each state cast one vote, which rep¬ 
resented the opinion of the majority of the repre¬ 
sentatives from that state. If there were a tie 
among the members from any state, then the state 
had no vote. Under the constitution each senator 
votes his individual pleasure. 

(2) “Immediately after they shall be assembled in conse¬ 
quence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the senators 


196 


CIVIL GOVERNMENT, 


of the first class shall be vacated at the expiration of the 
second year; .of the second class, at the expiration of the 
fourth year; and of the third class, at the expiration of 
the sixth year; so that one-third may be chosen each second 
year, and if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any state, the ex¬ 
ecutive thereof may make temporary appointments until 
the next meeting of the legislature, which shall then fill 
such vacancies.” 

Senate a Permanent Body. —As two-thirds of 
the senators always ‘‘hold over’^ from congress to 
congress, the senate is a permanent organization, 
and not like the house which may be entirely 
changed every two years. By this arrangement the 
senate always has a majority of experienced legis¬ 
lators, and this tends to make it a body more to be 
trusted at home and respected abroad. 

Vacancies. —As would be expected, the senators 
representing the state rather than the people, any 
vacancy in the same if the legislature of the state 
be not in session when the vacancy occurs, is filled 
by the governor of the state by appointment. Such 
appointment holds good only till the next meeting 
of the legislature, when another election will be 
held to fill the unexpired term. If a legislature at 
any time fails to elect a senator, the governor then 
does not appoint, but the state is deprived of such 
representation. 

(3) “No person shall be senator who shall not have at¬ 
tained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall 
be chosen.” 


THE LEGISLATIVE DEPARTMENT. 


197 


Qualifications of a Senator.— As the senate is 
supposed to be a more influential body than the 
house, so should its members have higher qualifica¬ 
tions. The senate acts with the president in con¬ 
cluding treaties, and therefore it is a little to be 
wondered at that the qualifications as to citizenship 
were not made more than nine years. 

(4) “The vice-president of the United States shall be presi¬ 
dent of the senate, but shall have no vote, unless they be 
equally divided.” 

President of the Senate.— It will be notiped 
that the duties and powers of the vice-president are 
almost identical with those of lieutenant-governor 
of the state. By placing him as a presiding officer 
of the senate, it w^as thought that the equality of the 
states would be better retained than by electing one 
of their own number, also that the vice-president, 
not being elected to represent any state, would be 
less partial. Not being a member of the senate, he, 
of course, has no vote, except when the senate itself 
can not decide a question. 

(5) “The senate shall choose their other officers, and also 
a president pro tempore, in the absence of the vice-presi¬ 
dent, or when he shall exercise the office of president of the 
United States.” 

Other Officers of the Senate., —The other offi¬ 
cers of the senate are about the same as those of the 
house and their duties are similar. The chief clerk 
of the senate has the title of secretary. The presi¬ 
dent pro tempore is a member of the senate and is 
therefore entitled to a vote upon all questions when 
he is presiding. 


198 


CIVIL GOVERNMENT. 


(6) “The senate shall have the sole power to tiy all inr* 
peachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the president of the United 
States is tried, the chief justice shall preside; and no per¬ 
son shall be convicted without the concurrence of two- 
thirds of the members present.” 

Impeachment. —As the house represents the peo¬ 
ple in bringing charges against its civil officers, so 
the trial should be before a court that will not be 
hasty in its decisions. Such the senate would likely 
be. The other provisions of this clause of the consti¬ 
tution have been fully discussed under the state gov¬ 
ernment. 

(7) “Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust or profit, under 
the United States; but the party convicted shall, neverthe¬ 
less, be liable and subject to indictment, trial, judgment and 
punishment, according to law.” 

Penalty in Impeachment.— The court of im¬ 
peachment is not strictlj^ a court of law, therefore it 
should not usurp the function of such courts. The 
penalty inflicted goes no farther than to the question 
of officeholding, leaving the courts of law still free 
to proceed with the convicted person, just the same 
as though he had not been tried by the court of im¬ 
peachment. 


CHAPTER XLVII. 


POWERS AND DUTIES OP CONGRESS. 


Aeticle I, Section 4. (1) “The times, places and man¬ 
ner of holding elections for senators and representatives 
shall be prescribed in each state by the legislature thereof; 
but the congress may at any time, by law, make or alter 
such regulations, except as to the place of choosing sen¬ 
ators.” 

Election of Congressmen.— The election of rep¬ 
resentatives and senators has been left almost en¬ 
tirely to the states, but congress made provision for 
dividing states into representative districts, and also 
made provision, as has been noticed, for the method 
of electing senators. The place of choosing sena¬ 
tors should obviously be left with the state, other¬ 
wise congress would have the power to locate state 
capitals. 

(2) “The congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in De¬ 
cember, unless they shall by law appoint a different day.” 

Meetings of Congress. —Representatives in most 
of the states are elected on the first Tuesday after 
the first Monday of November, and senators for the 
most part are elected during the two or three 
months following, but the congress to which they 
are elected does not come into existence until the 
fourth of March following, the first or long session 

( 199 ) 




200 


CIVIL GOVERNMENT. 


of which opens on the first Monday of December, a 
year or more after election. Each congress now 
meets twice, once on the first Monday of December 
of the odd numbered years and continues until some 
time the next summer, but may continue one year, 
then assembles for its second or short session again 
in December of the even numbered years and con¬ 
tinues until the fourth of March. Special sessions 
may be called by the president. 

Article I, Section 5. (1) “Each house shall be the judge 
of the elections, returns, and qualifications of its own mem¬ 
bers, and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, 
as each house may provide.” 

Powers of Congress, —Each house receives the 
certificates of election of each member, decides all 
cases of contested seats, and pronounces on the 
qualifications of its own members. The quorum 
being jdaced at a majority almost always insures 
transaction of business. If it were larger, a minor¬ 
ity might hinder business by remaining away; if it 
were smaller, a minority might transact business 
not acceptable to the majority. Both houses have 
at times to send the sergeant-at-arms after absent 
members in order to secure a quorum. It was the 
custom until a few years ago for members who de¬ 
sired to delay legislation to be in their seats but to 
refuse to vote. They were then considered as not 
present and at times a quorum could not be secured. 
Speaker Reed made a ruling that all present should 


POWERS AND DUTIES OF CONGRESS. 


201 


be counted so, and continued to do business. For 
this ruling he was denominated ^^Czar” Reed; but 
speakers of the opposite party have since applied 
the same ruling. 

(2) “Each house may determine the rules of its pioceed- 
ings, punish its members for disorderly behavior, and with 
the concurrence of two-thirds, expel a member.” 

Rules of Congress. —As in the state legislature, 
both houses make their own rules, and may at any 
time lay aside all rules and transact business as 
they deem best. It would hardly be supposed that 
a provision w’ould be necessary for the punishment 
of members for disorderly behavior in the congress 
of the United States, but such provision has been 
useful at times. The expulsion of a member would 
be a serious affair and should be done only for the 
grossest offense; therefore, the number necessary to 
expel has been made large. Under this provision 
no one would be likely to be expelled for political 
reasons 

(3) “Each house shall keep a journal of its proceedings, 
and, from time to time, publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house, shall, at the 
desire of one-fifth of those present, be entered on the jour¬ 
nal.” 

Record to be Published. —A most complete rec¬ 
ord of every transaction of congress is kept. The 
debates are taken in full and form a part of the 
records and are printed and distributed daily. The 
American people are opposed to any secrecy in any¬ 
thing that pertains to the public interests. Legis- 


202 


CIVIL GOVERNMENT, 


lators are the agents of the people and the people 
have the right to have the fullest knowledge possi¬ 
ble of all their public acts. The people also have 
the right to know just how every member votes on 
every question. If the ballot was secret, members 
might be induced by bribes to vote contrary to their 
convictions or the desires of their constituents. 
This often delays business, but it is better delayed 
than not done right The senate still holds secret 
executive sessions, that is, sessions in which it acts 
with the executive in the consideration of his ap¬ 
pointments. 

(4) “Neither house, during the session of congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting.” 

Adjournment. —Both houses are necessary to the 
passage of any law, therefore business might be seri¬ 
ously delayed by the adjournment of either house 
for a long period, or by the adjournment to some 
place not convenient of access. 

Article I, Section 6. (1) “The senators and representa¬ 
tives shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall in all cases except treason, fel¬ 
ony, and breach of the peace, be privileged from arrest dur¬ 
ing their attendance at the session of their respective 
houses, and in going to and returning from the same; and 
for any speech or debate in either house, they shall not be 
questioned in any other place.” 

Salaries.— The question arose in the constitu¬ 
tional convention, and has often arisen since, as to 
whether congressmen should receive salaries. Many 


POWERS AND DUTIES OF CONGRESS. 


203 


contend that unworthy men seek election to con¬ 
gress because of the salary attached, while others 
contend that poor but worthy men would be de¬ 
barred if there were no salary. Finally it was de¬ 
cided to let congress fix its own salaries. At first 
it was placed at six dollars a day in the house and 
seven in the senate, but has been increased from 
time to time until it is now five thousand dollars a 
year and twenty cents a mile for distance necessarily 
traveled. The speaker receives eight thousand, and 
the president pro tempore, when serving as president 
of the senate, receives the same. 

Privileges of Congressmen.— If a member of 
congress was subject to arrest for any trivial offense, 
he might be prevented, without adequate cause, from 
attending the sessions, and his constituency would 
thus be deprived of their just representation. If 
he could be sued for slander, he would not feel free 
to utter his just convictions at all times. Hence 
these two special privileges are granted to members 
of congress, freedom from arrest and freedom of 
speech. In speaking of the latter. Congressman 
McCleary says: 

'The purpose of this provision is not to shield 
cowards in speaking ill of persons who do not de¬ 
serve reproach, but to protect right-minded mem¬ 
bers in exposing iniquity, no matter how the doers 
of it may be intrenched in wealth or power.” 

(2) “No senator or representative shall, during the time 
for which he was elected, he appointed to any civil office 
under the authority of the United States, which shall have 


204 


CIVIL GOVERNMENT. 


been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in office.” 

Restrictions on Congressmen.— Members might 
be instrumental in creating offices, or in increasing 
the salaries attached to others already created, for 
no other purpose than to secure an appointment to 
the position. Members can hold no other office un¬ 
der the general government, as it was thought that 
no one could well ^^serve two masters.” It is thought 
by many that members of the president’s cabinet 
should be members of congress. 


CHAPTER XLVIII. 

HOW LAWS ARE MADE. 


Article I, Section 7. (1) “All bills for raising revenue 
shall originate in the house of representatives; but the 
senate may propose or concur with amendments, as on 
other bills.” 

Revenue,— By revenue is meant the money re¬ 
ceived by the government from various sources and 
used for the support of the same. It is mostly in 
the form of taxes, either direct or indirect, and there¬ 
fore must be paid by the people; therefore the house, 
which is nearest the people, should originate all bills 
relating to the revenue. However, as all such bills 
must be concurred in and may be amended by the 




HOW LAWS ARE MADE. 


205 


seDate, much of the force of the original intention 
is lost. The senate may even introduce bills that 
imply the raising of revenue, such as establishing 
postoflSces, etc. The bills to which the clause would 
especially apply are those for direct taxation and 
for tarilf. 

(2) “Every bill which shall have passed the house of 
representatives and the senate, shall, before it becomes a 
law, be presented to the president of the United States; if 
he approve, he shall sign it; but if not, he shall return it, 
with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such recon¬ 
sideration, two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be considered, and, 
if approved by two-thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the per¬ 
sons voting for and against the bill shall be entered on the 
journal of each house, respectively. If any bill shall not 
be returned by the president within ten days (Sundays ex¬ 
cepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, un¬ 
less the congress, by their adjournment, prevent its return, 
in which case it shall not be a law.” 

How a Bill Becomes Law. — Every possible 
safeguard is thrown about the law-making process 
to prevent the enactment of poor laws. A majority 
of congress might be carried away by popular frenzy 
and hastily pass some harmful law. Here the presi¬ 
dent may step in with his veto power and demand 
further consideration of the bill. If after still fur¬ 
ther consideration by both houses, two-thirds of each 


206 


CIVIL GOVERNMENT. 


house agree that the bill should become a law, it is 
quite probable that there is a need or demand for 
such a law. This is w'hy it was wise not to make 
the president’s veto absolute. The progress of a 
bill from the time it is introduced into either house 
until it becomes a law is about the same as outlined 
in the treatment of the same subject under the state 
government. 

(3) “Every order, resolution, or vote to which the concur¬ 
rence of the senate and house of representatives may be 
necessary (except on a question of adjournment), shall be 
presented to the president of the United States; and before 
the same shall take effect, shall be approved by him, or, 
being disapproved by him, shall be repassed by two-thirds 
of the senate and house of representatives, according to 
the rules and limitations prescribed in the case of a bill.’’ 

Joint and Concurrent Resolutions.— A joint 
resolution is an agreement between the two houses 
to pass certain acts, and such acts are to become 
general law. The veto power of the president may 
be used here the same as in the preceding clause, 
except in case of adjournment, which it might have 
been well also to leave somewhat under the control 
of the president, as congress might adjourn without 
transacting business necessary to the general work¬ 
ings of the government until the next session. A 
concurrent resolution is an agreement to do certain 
things, which are not to become general laws. Over 
these the president has no control. The distinction 
between the two is often confusing. 


CHAPTER XLIX, 


LEGISLATIVE POWERS OF CONGRESS. 

Article I, Section 8. (1) “Congress shall have power: 
To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and 
general welfare of the United States; but all duties, im¬ 
posts and excises shall be uniform throughout the United 
States.” 

Powers of Congress Specified. — From the 
time of the formation of the confederation of the 
states up to the present day the people have been 
divided as to whether the greater part of the legis¬ 
lative power should be vested in the general govern¬ 
ment or in the states. As a concession to those 
in the constitutional convention believing in state 
rights it was agreed to specify points upon which 
congress might legislate. The constitution is there¬ 
fore a guide to both the nation and the states in 
their legislative functions; congress looks there to 
see on what points it may legislate; legislatures 
look there to see on what points they may not legis¬ 
late. 

Taxes. —Under the articles of confederation con¬ 
gress had power to apportion taxes to the several 
states, but had no power to levy or collect them. 
This was a vital weakness which the constitution 
provides against. The four terms used may be thus 
explained: Taxes is a general term including all 
the others; duties is somewhat general, being often 

( 207 ) 




208 


CIVIL GOVERNMENT. 


applied to all kinds of indirect taxes; imposts are 
duties upon imported goods; and excises are taxes 
on goods manufactured in the nation. Direct taxes 
were laid only four times prior to the civil war, in 
1798,1813, 1815, and 1816, and were also laid to meet 
part of the debt of the civil war, but are no longer 
laid. The purposes for which congress may levy 
taxes are almost unlimited, as the term ^^general wel¬ 
fare” is very broad. Lack of uniformity weakened 
the confederation, therefore the constitution pro¬ 
vides that all taxes shall be uniform. Direct taxes 
by the national government are usually expensive 
in collecting and not so satisfactory as indirect 
taxes. 

(2) “To borrow money on the credit of the United States.’' 

Borrowing Money. —The credit of the United 
States is simply based on the will of the people to 
pay their debts. A nation in times of peace might 
get along without borrowing money, but in case of 
war or some other emergency she must utterly fail 
without such power. The abiding faith in the United 
States as a nation has rendered it possible for our 
government to borrow money to almost any extent 
and at a very low' rate of interest. 

(3) “To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes.” 

Commerce. —The regulation of commerce is one 
of the most important questions with which con¬ 
gress has to deal. It includes all interstate and in¬ 
ternational traffic by water or land and must neces- 


LEGISLATIVE POWERS OF CONGRESS. 


209 


sarily be under one general arrangement, otherwise 
the states would legislate for their own advantage. 
This was indeed the greatest difficulty under the con¬ 
federation, and was the prime cause for calling the 
constitutional convention. The regulation has been 
made broad by congress and extends so as to render 
commerce as safe and profitable as possible. It thus 
includes all works for safety and convenience along 
our coasts, and also the laying of imposts upon 
goods. 

(4) “To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States.” 

Naturalization. —The power to establish rules of 
naturalization was given to congress so that uni¬ 
formity might be secured, and that a person who be¬ 
comes a citizen in one state will also be a citizen in 
any other state of the Union. Citizens are all per¬ 
sons born in the country or naturalized. All other 
persons are aliens. Persons coming to this country 
to make their home may at any time declare their 
intention to become citizens. This they do before a 
clerk of court or before the court itself. Two years 
after declaring their intentions, if they have then 
been in the United States five years, they may take 
out what are called their second papers. They must 
appear before the judge, renounce allegiance to their 
former country, swear to support the constitution 
of the United States, and prove by two witnesses 
their residence in the state for the past year. They 
then receive their naturalization papers which make 


210 


CIVIL GOVERNMENT. 


them citizens. A person coming into the country 
before he is eighteen can take out both papers at 
the same time when he becomes of age. Children 
under twenty-one when the father was naturalized 
are considered citizens. When the husband becomes 
naturalized the wife is also considered a citizen. 

Bankruptcy. —A person who can not pay his 
debts is said to be bankrupt, but the term should 
apply only when the courts have declared such bank¬ 
ruptcy. If the states were allowed to make bank¬ 
rupt laws of their own they might make laws that 
would conflict with laws of other states and prevent 
justice between debtor and creditor in different 
states. Congress gave early attention to this and 
passed a bankrupt law in 1800, but it was repealed 
in 1803. It passed another in 1841 which was re 
pealed in two years, and another in 1867 which 
lasted until 1878. Another bankruptcy law was 
enacted in 1898 which seems to be giving fairly 
good satisfaction. 

(5) “To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and meas¬ 
ures.” 

Coinage. —It can readily be seen why the coining 
of money should be left to the general government. 
Congress early established a uniform system, based 
upon the decimal scale instead of the English scale. 
The value of each piece of money is determined by 
congress and stamped thereon and usually depends 
somewhat on the amount of precious metal con¬ 
tained in the coin. 


LEGISLATIVE POWERS OF CONGRESS. 


2il 


Weights and Measures,. —Although congress has 
the power to fix the standard of weights and meas¬ 
ures, it has never done so, and there is still a variety 
in the different states. Congress adopted for use in 
the business of the government the English stand¬ 
ards and recommended their use to the various 
states. The states adopted them for the greater 
part, yet the difference is still so great that some 
change is urgently needed. Congress has legalized 
the metric system but has not attempted to intro¬ 
duce it. Most civilized countries have introduced it, 
and the United States and England will probably 
before many years fall into line. The system is as 
much superior to our present system of weights and 
measures as the decimal system of money is superior 
to the system of pounds, shillings, and pence. 

(6) “To provide for the punishment of counterfeiting the 
securities and current coin of the United States.” 

Counterfeiting. —if coinage is left with congress, 
of course the punishment for counterfeiting must 
be also. Congress has placed heavy penalties for 
the crime of counterfeiting, and as a result a coun¬ 
terfeit coin is rare. States are not forbidden to 
pass such laws and some states have passed laws to 
provide for punishment for counterfeiting. 

(7) “To establish postoffices and post roads.” 

Postal Service. —That the mails may be promptly 
and cheaply transmitted they must be under the di¬ 
rection of one authority. This department is one 
of the most important with which congress has to 
deal. So important is it that its chief officer has 


212 


CIVIL GOVERNMENT. 


been given a place in the president’s cabinet. Post 
roads are usually selected from already existing car¬ 
riage roads, railroads, and waterways, although in 
former times a few roads were laid out by the gov¬ 
ernment. The revenue from the postage does not 
always pay the expenses of the system, but the rates 
of postage have been reduced from time to time to 
correspond with the amount of business transacted. 
During the early part of the century different rates 
were charged for different distances. 

(8) “To promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and discov¬ 
eries.” 

Copyrights.— There was no question as to the 
right of the general government to have the power 
to grant copyrights and patents. A copyright is a 
protection guaranteed to an author to have the sole 
right to print, publish, and sell his books, maps, 
charts, etc. It is obtained from the librarian of con¬ 
gress by sending him, on or before the day of publi¬ 
cation, a copy of the title page, and also two copies 
of the publication. This entitles the publisher to 
the right for twenty-eight years and it may then be 
renewed for fourteen years longer. In 1891 a law 
was passed w^hich secures international copyright 
with most of the civilized nations of the world. 

Patents. —A patent is a right granted upon some 
invention and is very similar to a copyright. It is 
obtained from the commissioner of patents and is 
good for a period of seventeen years. A written 


LEGISLATIVE POWERS OF CONGRESS. 


213 


description of the patent, together with drawings 
and model, must be sent to the commissioner, and if 
it is thought not to conflict with former patents, the 
patent is granted. More than eight hundred thou¬ 
sand patents have already been issued by the United 
States. 

(9) “To constitute tribunals inferior to the supreme 
court.” 

Courts. —The constitution establishes the su¬ 
preme court and congress has established circuit 
courts of appeal, circuit courts, district courts, court 
of claims, court of the District of Columbia, terri¬ 
torial courts, and consular courts. These deal onlj> 
with matters that do not regularly belong to the 
state courts. There are as many circuit courts of 
appeal and circuit courts as there are judges of the 
supreme court, to each of which a judge of the su¬ 
preme court is assigned. District courts are estab¬ 
lished as fast as they are needed and judges ap¬ 
pointed to preside over them. The court of the Dis¬ 
trict of Columbia exercises p^T^isdiction only in that 
district, and territorial courts only in their several 
territories. The court of claims decides what ac¬ 
counts against the United States should be paid. 
Consular courts are held by American consuls in 
^-oreign countries. The judges of all these cdurts 
are appointed by the president, with the consent of 
the senate. 

(10) “To define and punish piracies and felonies commit¬ 
ted on the high seas, and offenses against the law of na¬ 
tions.” 


214 


CIVIL GOVERNMENT. 


Piracy.— Piracy is robbery committed by a ship’s 
crew upon the high seas. When the constitution 
w^as framed this crime was common but is now 
scarcely known. 

Felony.— Felony is a high crime, but had not been 
defined the same in all the states. States have no 
jurisdiction beyond their coast line, nor has the 
United States beyond a three-mile limit from the 
coast. Yet in dealing with felony committed on the 
high seas and with piracy, it is evident that the gen¬ 
eral government should have control, as the punish¬ 
ment of such might lead to international complica¬ 
tions in which a state can have no part. 

Offenses Against Nations. — A citizen of any 
state is legally considered by any foreign nation 
simply as a citizen of the United States. Therefore 
the United States must deal with all offenses com¬ 
mitted against the law of nations. 

(11) “To declare war, grant letters of marque and re¬ 
prisal, and make rules concerning captures on land and 
water.” 

Declaring War. —As a foreign nation does not 
recognize state rights, the declaration of war by any 
state would involve the whole nation; therefore, it is 
right that the nation should have the power to de¬ 
clare war. In monarchies the chief ruler usually 
has this power, but in a republic the people are sov¬ 
ereign and their representatives should determine 
this important question. 


LEGISLATIVE POWERS OF CONGRESS. 215 


Marque and Reprisal.— Letters of marque and 
reprisal are commissions granted to private persons 
permitting them to take the property of a foreign 
nation. They are granted in times of war as a 
means of harassing the enemy, and in times of peace 
to obtain redress for wrongs committed by a for¬ 
eign nation. The result is usually a destruction of 
private property and is not much resorted to in 
modern warfare. 

Captures, —Prizes captured on the seas in time of 
war are usually divided among the captors. All 
these things being war measures, should, of neces¬ 
sity, be under the general power of congress. 

(12) “To raise and support armies; but no appropriation 
of money to that use shall be for a longer term than two 
years.” 

Armies.— The confederacy could declare war, 
but the states were to raise the armies. This defect 
the constitution removes. The general government, 
in order to retain its sovereignty, must have power 
to raise an army to protect itself or to resent an in¬ 
jury. Yet a large army kept long in service often 
becomes a menace to a nation. The president is 
commander-in-chief, and under him a strong army 
might turn the nation into anarchy and the power 
of the people be lost; therefore the constitution pro¬ 
vides that no appropriation for the support of the 
army shall be for more than two years. An army 
without financial support would soon be disbanded. 
Appropriations may be renewed as often as congress 
sees fit. 


216 


CIVIL GOVERNMENT. 


(13) “To provide’ and maintain a navy.” 

Navy.— The general principles that apply to the 
army will apply to the navy, except that it takes 
longer to prepare a navy, therefore no provision is 
inserted as to the time for which an appropriation 
shall be made. 

(14) “To make rules for the government and regulation of 
the land and naval forces.” 

Regulations of Army and Navy.— This clause 
is a necessary sequence to the preceding. A nation 
with an army and without power to make rules for 
the regulation of the same would be powerless. 

(15) “To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel in¬ 
vasions.” 

(16) “To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be 
employed in the service of the United States, reserving to 
the states respectively, the appointment of the officers, and 
the authority of training the militia according to the dis¬ 
cipline prescribed by congress.” 

Militia. —Each state has its militia, organized as 
well as unorganized, as has been outlined in a 
former chapter of this book. This militia is at the 
command of the president at any time, and congress 
has made complete regulations governing the same. 
This state militia is usually under the control of the 
governor, but when called into the service of the 
nation goes under the control of the president. 


LEGISLATIVE POWERS OF CONGRESS, 


217 


(17) “To exercise exclusive legislation in all cases what¬ 
soever, over such district (not exceeding ten miles square) 
as may, by the cession of particular states, and the accept¬ 
ance of congress, become the seat of government of the 
United States, and to exercise like authority over all places 
purchased by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, maga¬ 
zines, arsenals, dock yards, and other needful buildings.” 

District of Columbia.— Under the last clause 
congress secured the present District of Columbia, 
and there the capital of the nation was laid out. It 
is entirely under the control of congress, thus 
placing our government outside the direct influence 
or interference of any state. The inhabitants of 
the district do not even have the power to vote. 

Public Property. -All public property belonging 
to the United States is under the direct supervision 
of congress, and the states have no rights whatever 
over them. This is to insure the nation against in¬ 
terference in any of her projects. 

(18) “To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and 
all other powers vested by this constitution in the govern¬ 
ment of the United States, or in any department or officer 
thereof.” 

“The Sweeping Clause.”— This clause has been 
called ^The sweeping clause’^ because of the great 
power that many claim that it gives to congress. 
The clause was stoutly opposed by many members 
of the constitutional convention, but was finally 
agreed to, but restrictions on congress were specially 
named. Acting under this clause congress has done 


218 


CIVIL GOVERNMENT. 


many things for which no direct provision can be 
found in the constitution. Without it the central 
government would be greatly weakened. With the 
increasing prosperity of the country under the 
strong central government, states have lost much 
of their former mistrust, and acts under this clause 
are not so bitterly opposed as formerly. 


CHAPTER L. 


PROHIBITIONS ON THE NATIONAL GOVERNMENT. 


Arttctle I, Section 9. (1) “The migration or importation 
of such persons as any of the states now existing shall 
think proper to admit, shall not be prohibited by congress 
prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person.” 

Slave Trade. —The first clause of section nine 
refers to the slave trade, although the framers of 
the constitution did not wish to degrade that docu¬ 
ment by placing the word slave in it. The importa¬ 
tion of slaves had already been discontinued except 
in two or three states, but it appeared that these 
states would not accept the constitution unless they 
were granted this privilege. Hence a compromise, 
by which congress was forbidden to interfere for 
twenty years, was the result. In 1808 congress 
passed a law prohibiting the importation of any 
more slaves, and the civil war has made the clause 
obsolete. 





NATIONAL GOVERNMENT PROHIBITIONS. 219 


(2) “The privileges of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or invasion 
the public safety may require it.” 

Habeas Corpus. —Habeas corpus has been de¬ 
fined in a former chapter. It was considered one of 
the dearest rights of the people, therefore congress 
should be prohibited from suspending it. In case 
of war, measures are sometimes necessary that 
would not be tolerated in times of peace. During 
the rebellion the privileges were suspended and use 
made of it as a war measure. 

(3) “No bill of attainder or ex post facto law shall be 
passed.” 

Bill of Attainder. —bill of attainder is one by 
which a person is condemned by legislative rather 
than by judicial process and which is usually accom¬ 
panied by the loss of civil rights to his heirs. A bill 
of attainder might provide that the heirs of a person 
executed for some political reason should not in¬ 
herit the property of the deceased, as well as provide 
for condemning and executing a person without a 
regular trial in some court. Such measures are in¬ 
consistent with republican principles and are for¬ 
bidden to congress. 

Ex Post Facto Law. —^An ex post facto law is 
one that imposes a penalty for some act that was 
committed before the law was made. It may be 
either a penalty where no penalty whatever existed 
before, or it may be an increase of penalty already 
existing. A person when committing any act should 


220 


CIVIL GOVERNMENT. 


know the penalty, therefore no such law would be 
just. No increase of penalty after the commission 
of a crime can be applied, but a decrease in penalty 
may be applied to such cases. 

(4) “No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken.” 

Taxes. —A capitation tax is a poll tax. Direct 
taxes have already been explained. All such taxes 
levied by the United States must have been, prior 
to the civil war, in proportion to an enumeration 
that consisted of all free people and three-fifths of 
the slaves. The same rule still applies, but no slaves 
exist. The clause was hardly necessary, as the third 
clause of section two of this article has already i)ro- 
vided for the same. 

(5) “No tax or duty shall be laid on articles exported 
from any state.” 

Export Duties. —Congress is given power to lay 
duties, but is specially prohibited from laying duties 
on exports. An export duty could hardly be laid 
that w^ould not do injustice to some state, as no 
article is produced in equal quantities in all parts 
of the nation. 

(6) “No preference shall be given by any regulation of 
commerce or revenue to the ports of one state over those of 
another; nor shall vessels bound to or from one state, be 
obliged to enter, clear or pay duties in another.” 

Regulation of Commerce. —Fear was expressed 
that the general government might show partiality 
to some of the states in matters of commerce. It 


NATIONAL GOVERNMENT PROHIBITIONS. 221 


was also thought that there should be free trade 
among the different states, otherwise one state 
might be enriched at the expense of another. There¬ 
fore the general government was prohibited to aid 
any state in particular in its commerce. 

(7) “No money shall be drawn from the treasury but in 
consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time.” 

Appropriations.— No public official can expend 
any public money until it has been appropriated by 
congress. This is to guard the nation’s finances and 
keep them in the control of the people’s represen¬ 
tatives. Congress is given the power to raise 
money; it should therefore have the power to deter¬ 
mine for what purposes it should be used. Those 
who have the disbursement of appropriated public 
funds make annual detailed reports. 

(8) “No title of nobility shall be granted by the United 
States; and no person holding an office of profit or trust 
under them, shall, without the consent of the congress, ac¬ 
cept of any present, emolument, office, or title of any kind 
whatever, from any king, prince or foreign state.” 

Titles of Nobility. —Titles of nobility would be 
contrary to our ideas of equality, and would bring 
back distasteful memories. Any title, present, or 
the like, from a foreign power to an officer of the 
government might tend to influence his acts. Our 
nation had seen enough of foreign influence and de¬ 
termined to stamp it out forever. 


CHAPTER LI. 


PROHIBITIONS ON THE STATES. 


Article I, Section 10. (1) “No state shall enter into any 
treaty, alliance, or confederation; grant letters of marque 
and reprisal; coin money; emit bills of credit; make 
anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of 
nobility.” 

Treaty; Alliance; Confederation.— These three 
terms mean almost the same, the last being more 
comprehensive. If states were permitted to make 
treaties with foreign nations, the power of the na¬ 
tion would be null, for a treaty made by a state 
might conflict with one made by the general gov¬ 
ernment, and the nation would be thus brought into 
difficulty^ with foreign nations. Neither should 
states be permitted to make alliances among them¬ 
selves, for they would thus become a menace to the 
Union. 

Marque and Reprisal.— Letters of marque and 
reprisal should be issued only as a war measure, and 
if issued by any state would be likely to bring war 
upon the whole nation. This power has been given 
to congress, but has been used very little even there. 

Coinage.— Power to coin money was given to 
congress so as to secure uniformity; therefore the 

power should not be given to the states. 

( 222 ) 




PROHIBITIONS ON THB STATES. 


223 


Bills of Credit —Bills of credit are paper prom¬ 
ises to pay money. They had been issued exten¬ 
sively prior to the constitution and had become 
almost worthless, and caused much trouble. States 
could not issue them without continuing this 
trouble and endangering the whole financial system. 

Legal Tender. —Gold and silver are considered 
more stable than most other commodities, and 
especially when compared with the paper money 
issued by the states. All powers relating to the 
money of the nation are wisely left with congress. 

Attainder.— No bill of attainder shall be passed 
by a state for reasons given under prohibitions on 
congress. 

Ex Post Facto Law. —The reasons for the 
prohibition on congress in regard to an ex post facto 
law are equally applicable to the states. 

Obligation of Contracts. —Contracts once en¬ 
tered into of one’s own will should be everywhere 
morally and legally binding. Therefore no state 
should have power to pass a law that would release 
any person from such contract. 

Title of Nobility. —^Every state must be repub¬ 
lican in form of government, and it would be con¬ 
trary to the principles of such government to grant 
titles just the same as. it would be for the nation tOi 
grant them. 


224 


CIVIL GOVERNMENT, 


(2) “No state shall, without the consent of the congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspec¬ 
tion laws; and the net produce of all duties and imposts, 
laid by any state on imports or exports, shall be for the use 
of the treasury of the United States; and all such laws 
shall be subject to the revision and control of the congress. 
No state shall, without the consent of congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
state, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as not to ad¬ 
mit of delay.” 

Duties. —If states were permitted to lay duties, 
confusion would soon arise from lack of uniformity. 
Inspection duties are permitted because each state 
can better investigate the products of its own indus¬ 
tries than could the nation. Inspection is for the 
purpose of having only good products placed on the 
market, or that all products shall be marked accord¬ 
ing to their grade. This is to protect legitimate 
manufacturers and producers as well as consumers. 
States may impose a duty for this purpose, but this 
may be controlled somewhat by congress. Tonnage 
duties are duties on vessels, and come under the 
regulations of commerce, which belong properly to 
congress. 

War Powers. —The whole subject of war was 
assigned to congress, therefore the state, of course, 
would be prohibited from taking any initiatory war¬ 
like steps without consent of congress. A state, as 
has been stated in connection with treaties, should 
not enter into any compact whatever with another 


EXECUTIVE DEPARTMENT. 


225 


state or a foreign nation. Yet one exception to 
these provisions remains: A state, as well as an 
individual, has the right to defend itself in time of 
danger. The state may use its militia in time of 
imminent danger, but even then it is by provision 
of congress, as the militia of each state is organized 
and acting under national law almost wholly. 


CHAPTER LII. 


EXECUTIVE DEPARTMENT. 


Article II, Section 1. (1) “The executive power shall 
be vested in a president of the United States of America. 
He shall hold his office during the term of four years, and 
together with the vice-president, chosen for the same term, 
shall be elected as follows.” 

The Executive. —Under the articles of confed¬ 
eration there was no executive. The people having 
received such unjust treatment from the king of 
England, came to think of the executive only as an¬ 
other name for tyrant. However, a few years with¬ 
out an executive convinced the people that a govern¬ 
ment without such an office was not a government at 
all; so it was generally agreed in the constitutional 
convention that there should be an executive. It 
was debated as to whether this power should consist 
of one man or more than one, but it was finally de¬ 
cided that to insure prompt and energetic action one 
person would be more efficient, but that his office 
must be surrounded with limitations so that there 
would be a safeguard to the liberties )f the people. 





226 


CIVIL GOVERNMENT. 


Term of Office —The length of term of the presi¬ 
dent came in for its share of debate. Opinions 
differed, the lengths proposed varying from two 
years to life. A compromise followed and four 
years was selected. The arguments against too short 
a term are that the president would not have time to 
carry out any policy that he might advocate, and 
further, he might look more to a reelection than to 
the duties of his office. On the other hand, too long 
a term might make him too independent of the peo¬ 
ple and cause him to become tyrannical. Many ad¬ 
vocated ineligibility to reelection, but it seemed best 
to place the president where he would look both to 
the interests of the country and to the will of the 
majority. The term begins on the fourth of March 
following the election. No president has been a 
candidate for more than two terms, and it is an un¬ 
written law, upheld by public sentiment, that no 
one shall be elected to the presidential chair for a 
third term. 

(2) “Each state shall appoint in such manner as the leg¬ 
islature thereof may direct, a number of electors equal to 
the whole number of senators and representatives to which 
the state may be entitled in the congress; but no senator or 
representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector.” 

Method of Election. — Several methods were 
suggested for electing the president, among which 
were election by congress, by legislatures, by the 
people, and by special persons elected by the people. 
If congress should elect, the legislative and executive 
would be brought into too close relationship and it 


EXECUTIVE DEPARTMENT. 


227 


would not leave the executive so free to act. If 
legislatures elected, a new authority would be given 
to bodies who should be elected for an entirely 
different purpose. If the people elected directly 
they might be led away by popular favoritism, and 
elect a man unfit for his high position. If persons 
selected by the people especially for this purpose 
were given this power, they would be more likely to 
judge correctly as to the qualifications necessary to 
the chief executive of the nation. The last method 
was adopted, but the arguments in its favor do not 
apply now. 

Electors. —The number of presidential electors is 
equal to the number of representatives and senators 
in congress from each state. This was a concession 
to the smaller states, giving them the same voice in 
electing president that they have in congress. At 
first the electors were elected without regard to 
party afiQliation, and therefore were left free to ex¬ 
ercise their judgment in the selection of the presi¬ 
dent. But as soon as party lines began to be closely 
drawn electors were chosen who were pledged to 
certain parties and to certain leaders of certain 
parties. Each state is free to elect its electors as 
it deems best, but the election must be held on the 
first Tuesday after the first Monday of November. 
Methods of electing in the different states differed 
somewhat in the past, but at present all the voters 
in each state may vote for as many presidential 
electors as his state is entitled to. It will readily 
be seen that under the original intention of this 


228 


CIVIL GOVERNMENT. 


1 


clause no person holding office under the United 
States would be a suitable person for elector, as he 
might not be free to exercise his judgment It 
would have little force now. 

(3) “The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall 
not bo an inhabitant of the same state with themselves. 
And they shall make a list of all the persons voted for, 
and the number of votes for each; which list they shall 
sign and certify, and transmit, sealed, to the seat of the 
government of the United States, directed to the president 
of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall bo 
president, if such number be a majority of the whole num¬ 
ber of electors appointed; and if there be more than one 
who have such a majority, and have an equal number of 
votes, then the house of representatives shall immediately 
choose by ballot one of them president, and if no person 
have a majority, then from the five highest on the list the 
said house shall in like manner choose the president. But 
in choosing the president, the vote shall be taken by states, 
the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or mem¬ 
bers from two-thirds of the states, and a majority of all 
the states shall be necessary to a choice. In every case, 
after the choice of the president, the person having the 
greatest number of votes of the electors shall be vice- 
president. But if there should remain two or more who 
have equal votes, the senate shall choose from them by 
ballot the vice-president. 

Election by Electors. — This clause has been 
superseded in some of its provisions by the twelfth 
amendment. The electors, wliich body has been 
sttded the electoral college, meet in their respective 


EXECUTIVE DEPARTMENT. 


229 


states, and congress provides for this meeting to be 
on the second Monday of January following election. 
Formerly each elector voted for two persons for 
president, but now for only one. Each elector now 
votes for one person, also, for vice-president, and it 
will be seen, from either the original or the amend¬ 
ment, that the president and vice-president were 
not intended to be from the same state, as that 
would give too much power to one state. The re¬ 
sult of the vote of electors in each state is certified 
to and transmitted to the president of the senate. 
In fact, three sets of these ^^returns,^’ as they are 
called, are sealed; one is deposited with the judge 
of the United States district court in whose district 
the electors meet; another set is sent by mail to the 
president of the senate, and the third set is delivered 
in person to him by special messenger, usually one 
of the electors. A majority of all the votes of the 
electors is necessary to the selection of the president. 
This was so in the amendment and the original, but 
in the original the vice-president might be elected 
by a plurality. The votes of the electors are opened 
on the second Wednesday of February. 

Election of President by the House. —If no 
one has received a majority of all the electoral votes 
for president, then the house of representath es must 
proceed to elect. The power was given to the 
house, as that body is nearer to the people. In the 
original, if two persons had a majority, but an equal 
number, then one of them was selected president, 
or if no one had a majority, then the selection was 
made from the five having the highest number of 


230 


CIVIL GOVERNMENT, 


votes. In the amendment this number is reduced 
to three, and might, perhaps, have been well re¬ 
duced to two. The vote by states, each state having 
one vote, means that the majority of the representa¬ 
tives from each state shall determine that vote. 
Only tw^o presidents have been elected by the house, 
Thomas Jefferson, in his first term^. and John Quincy 
Adams. 

Election of Vice President by the Senate.— 

When the electors fail to choose a vice-president, 
the duty devolves upon the senate, for the reason 
that his duties, except in case of death or disability 
of the president, are in connection with that body, 
each senator having one vote. Only two names be¬ 
ing presented there is likely always to be a speedy 
election, hence the provision for the vice-president 
to serve as president when the house fails to elect 
before the fourth of March. 

(4) “The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States.” 

Time of Election. —Congress has determined 
the time of holding the elections as has been noted 
in the preceding pages. If the election was not 
held on the same day in each state, undue influence 
might be brought to bear on the last two or three 
states to vote, when the vote was found to be quite 
close. 

(5) “No person except a natural born citizen, or a citizen 
of the United States at the time of the adoption of this 
constitution, shall be eligible to the office of president; 


I^XECUTIVB DEPARTMENT. 


231 


neither shall any person be eligible to that office, who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States.” 

Qualifications of President and Vice Presi¬ 
dent. —No one but a native born citizen could be 
trusted in such a position as president of the nation. 
Foreign influence was feared. Persons who had be¬ 
come true subjects at the time of the adoption of 
the constitution were excepted. The qualifications 
of age and residence can easily be understood when 
compared with the qualifications of representatives 
and senators. By the twelfth amendment the vice- 
president must have the same qualifications as the 
president. 

(G) “In case of the removal of the president from office, 
or of his death, resignation or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the vice-president, and the congress may by law provide 
for the case of removal, death, resignation or inability, 
both of the president and vice-president, declaring what 
officer shall then act as president, and such officer shall 
act accordingly, until the disability be removed, or a presi¬ 
dent shall be elected.” 

Vacancies. —^ vacancy in the presidency may 
be caused in various ways. Five times in the hun¬ 
dred years it has been caused by death, and the 
vice-president has filled the unexpired term. Were 
there no provision for succession the life of the na¬ 
tion might be endangered' while a new election was 
going on. No vice-president acting as president has 
ever died while in office, but congress early made 
provision for succession in such an event, by desig- 


232 


CIVIL GOVERNMENT. 


nating the president pro tempore of the senate and 
the speaker of the house as respectively in line of 
succession. But at times there are no such officers, 
so to make the succession more certain the presi¬ 
dent’s cabinet has been substituted in the order of 
secretary of state, secretary of the treasury, secre¬ 
tary of war, attorney general, postmaster general, 
secretary of the navy, and secretary of the interior. 
This succession insures the same political party in 
power, as the president’s cabinet is chosen from his 
own party. This would avoid abrupt changes in 
national policies. 

(7) “The president shall, at stated times, receive for his 
services a compensation which shall be neither increased 
nor diminished during the period for which he shall have 
been elected, and he shall not receive within that period 
any other emolument from the United States, or any of 
them.” 

Salary. —Congress originally fixed the president’s 
salary at |25,000, but some years ago increased it 
to 150,000. This compensation is remarkably small 
compared with that of rulers of other large coun¬ 
tries. Congress has no power to increase or de¬ 
crease the president’s salary during his term; there¬ 
fore, they can not by that means influence his acts. 
Nor can the government, which would be the con¬ 
gress in this case, make him any present of any kind, 
for this would amount to the same thing as in¬ 
creasing his salary. He is also forbidden to receive 
any emolument from any state, because it might 
tend to influence him to favor that particular state. 
The executive mansion, or White House, is furnished 


Executive; department. 




to the president at the expense of the nation. The 
salary of the vice-president is |8,000 a year. All 
the officers receive their salary at the end of each 
month. 

(8) “Before he enter on the execution of his ofiBce, he 
shall take the following oath or affirmation: ‘I do solemnly 
swear (or affirm) that I will faithfuly execute the office of 
president of the United States, and will to the best of my 
ability, preserve, protect and defend the constitution of the 
United States.’ ” 

Inauguration —Taking the oath of office is the 
principal ceremony of inauguration. The oath is 
administered on the fourth day of March by the 
chief justice of the United States. It will be noted 
that this oath is very simple and yet very broad. 
The president who carries out the spirit of his oath 
will do his duty. 

Inaugural Address. —Immediately after assum¬ 
ing the oath the president delivers his inaugural 
address, in which he outlines his policy and gives 
plans for the guidance of the administration. He 
assumes the responsibilities of a great nation, and 
therefore should direct the policy of the same. 
Thorpe well says: ^^The responsibilities incident to 
the office of president of the United States have 
called into exercise noble qualities from all our pres¬ 
idents. From the excitement of the campaign to 
the cares of the White House is a transformation 
likely to change the leader of a party into the head 
of the nation.^’ 


CHAPTER LIII. 


POWERS AND DUTIES OF PRESIDENT. 

Article II, Section 2. (1) “The president shall be com¬ 
mander-in-chief of the army and navy of the United States, 
and of the militia of the several states, when called into 
the actual service of the United States; he may re¬ 
quire the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to 
the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment.” 

Commander-in-Chief.— The chief executive must 
have some means of executing his authority. In 
performing his duty the occasion often arises for 
the use of an army or navy, and it is only logical 
that the president should have these at his com¬ 
mand. The president does not take the field in 
person, but appoints a general to carry out his 
orders. Although the army is at the command of 
the president, yet he is prevented from abusing the 
power thus bestowed on him, for the army is the 
creature of congress, and that body has entire con¬ 
trol over its existence. 

Executive Departments.— The constitution does 
not provide for the establishment of special execu¬ 
tive departments, but inasmuch as they are neces¬ 
sary to the president in performing the duties ol 
his office, congress has established nine depart 

( 234 ) 



POWERS AND DUTIES OF PRESIDENT. 


235 


ments, the heads of which are appointed by the 
president, with the consent of the senate, and con¬ 
stitute what is known as his cabinet. The chiefs 
are called secretary of state, secretary of treasury, 
secretary of war, secretary of navy, secretary of in¬ 
terior, secretary of agriculture, secretary of com¬ 
merce and labor, attorney-general and postmaster- 
general. It is from these nine cabinet officers that 
the president may require opinions, and it is upon 
these that he depends to see that his executive 
authority is duly exercised throughout the nation 
and in transactions with other nations. Their sala¬ 
ries are |8,000 each. 

Department of State.— The head of this depart¬ 
ment is called secretary of state, and he has charge 
of all public documents and records and affixes the 
great seal of the United States to all commissions 
issued by the president. Through him all foreign 
negotiations and correspondence with our foreign 
ministers and consuls are carried on. For this rea¬ 
son he is considered the most important cabinet 
officer and is usually selected from men of interna¬ 
tional renown. The lepartment is divided into 
three bureaus, called he diplomatic bureau, the 
consular bureau, and the domestic bureau. 

Ministers and Consuls.— Under the control of 
the department of state are all the ministers and 
consuls representing our government in foreign 
countries. They are appointed by the president. 
Ministers represent our government in all political 
negotiations, while consuls represent it in commer¬ 
cial relations. Ministers are considered of higher 


236 


CIVIL GOVERNMENT. 


rank than consuls. The minister to England is con¬ 
sidered the most important. The salaries grade 
downward from |17,500. 

Department of Treasury.— The secretary of the 
treasury is at the head of the treasury department 
and his office is considered very important. He is 
expected to devise plans for raising revenue for the 
support of the nation, look after the national debt, 
and see that the credit of the government is main¬ 
tained. Under his control all moneys of the nation 
are received and disbursed. To this department 
naturally belong the control of the customs and 
custom houses, all the mints, government issues of 
paper money, national banks, and everything per¬ 
taining to the finances of the country. In addition 
to the control of the finances, this department has 
charge of the coast survey, the collecting of statis¬ 
tics, the architectural plans for United States build¬ 
ings, and! some other important branches. The 
chief officers under the secretary are two comp¬ 
trollers and six auditors. 

Department of War.— The department of war 
has control of all matters pertaining to the army. 
In times of peace the department is not so im¬ 
portant as the other departments, but in time of 
war it at once becomes the most important. Un¬ 
der the supervision of this department is the na¬ 
tional military academy at West Point. The signal 
service belongs to this department. 

Department of Navy —Like the department of 
war, the department of navy is much more im¬ 
portant in times of war than in times of peace. It 


POWERS AND DUTIES OF PRESIDENT. 237 

supervises the building of war ships and the fur¬ 
nishing of all naval supplies. The naval academy 
at Annapolis is under its control. 

Department of Interior.— This department, as 
its name signifies, has charge of various branches 
of the government that relate to home interests, 
such as pensions, patents, education, census, public 
lands, and Indian matters. This department in 
times of peace has probably more to do with the 
general welfare of the people than any other de¬ 
partment. 

Department of Agriculture.— The department 
of agriculture did not become a distinct department 
until 1889, but was under the interior department. 

Department of Commerce and Labor.— 

This department came into existence in 1903 as a 
result of the increasing demands of the commercial 
and labor interests. 

Department of Justice,.— The chief of the de¬ 
partment of justice is called attorney-general, and 
it is his duty to act as counsel in all cases in the 
name of the United States; also to give advice to 
the executive and departments on points of law. 

Department of Postoffices.— The chief of this 
department is called postmaster-general. Under 
his direction the immense postal service of the na¬ 
tion is carried on. He establishes postoffices and 
post roads, makes arrangements for the transpor- 


238 


CIVIL GOVERNMENT. 


tation of mail, and appoints all postmasters whose 
salaries do not exceed one thousand dollars a 
year. The postoffice department, like the interior 
department, is important to the people in general. 

Reprieves and Pardons. —Like the governor of 
the state, the president has power to grant reprieves 
and pardons in cases of persons convicted by United 
States courts. Injustice may have been done by 
courts and there should be some power to restore 
rights which have been unjustly taken away. In 
times of war there have been some noted reprieves 
and pardons granted by the president. The ex¬ 
ception to his power in cases of impeachment is 
made so that congress may have entire control over 
the acts of public officers. 

(2) “He shall have power, by and with the advice and 
consent of the senate, to make treaties, provided that two- 
thirds of the senators present concur; and he shall nom¬ 
inate and by and with the advice and consent of the sen¬ 
ate, shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other officers 
of the United States, whose appointments are not other¬ 
wise herein provided for, and which shall be established 
by law; but congress may by law vest the appointment of 
such inferior officers as they may think proper, in the 
president alone, in the courts of law or in the heads of 
departments. 

Treaties.— Treaties are compacts with foreign 
nations and may be upon almost any subjects re¬ 
lating either to peace or war. They are usually 
negotiated through the secretary of state and the 
foreign minister, but must be ratified by the presi¬ 
dent, and this is called making the treaty. But in 


POWERS AND DUTIES OF PRESIDENT. 


239 


ratifying it the president must have the consent of 
two-thirds of the senators present at the time of 
making the treaty. It was considered too import¬ 
ant a duty to be entrusted to the president alone, 
but the details of such a matter could be better at¬ 
tended to by one man than by many. 

Appointments. -Only two executive officers of 
the nation are elected. All other executive and all 
judicial officers are appointed, and most of them 
by the president. This is a great responsibility, 
and in all the important offices the senate must con¬ 
cur. By thus having the appointive power in his 
hands the president can surround himself with 
subordinates who will be in harmony with his poli¬ 
cies, and the machinery of the nation will move 
more harmoniously. But there are dangers in the 
system. President Jackson first exercised, to any 
great extent, the right to remove from office and 
fill the places with political friends, claiming that 
^To the victors belong the spoils.” The federal 
officeholders form a large and influential class of 
citizens. These, if they are so inclined, may help 
much to keep the president in office, though he 
were unworthy of the position, and a president 
might be inclined to appoint unscrupulous persons 
for the purpose of furthering his ends. 

Civil Service Reform. —The civil service means 
all the persons in the employ of the national gov¬ 
ernment. To relieve the president of some of the 
responsibilities of so many appointments, and to 
secure more efficient services to the government, a 
reform in the civil service has been instituted 


240 


CIVIL GOVERNMENT. 


during the last few years. Competitive examina 
tions are held to determine qualifications for posi¬ 
tions, and those best qualified receive the appoint¬ 
ments. Many of the minor offices are already in¬ 
cluded in the reform, and it is being extended every 
year. Most honest statesmen are in favor of it, 
and there is no question but that all but a few of 
the immediate advisers of the president and the 
highest judicial officers will come into the list, al¬ 
though unscrupulous politicians are still opposed 
to it. 

(3) “The president shall have power to fill up all vacan¬ 
cies that may happen during the recess of the senate, by 
granting commissions which shall expire at the end of their 
next session.” 

Vacancies.— Business might be delayed during 
the recesses of the senate if the power to make tem¬ 
porary appointments were not given to the presi¬ 
dent. The senate at its next session may confirm 
the appointment, but if it does not, another ap¬ 
pointment is usually made. This power of the 
president might be abused by his appointing a re¬ 
jected candidate again at the close of the session 
of the senate. 

Aeticle II, Section 3. (1) “He shall from time to time 
give to congress information of the state of the Union, and 
recommend to their consideration such measures as he 
shall judge necessary and expedient; he may on extraordi¬ 
nary occasions, convene both houses or either of them, and 
in case of disagreement between them, with respect to the 
time of adjournment, he may adjourn them to such time as 




POWERS AND DUTIES OF PRESIDENT. 241 

he shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all officers of 
the United States.” 

Message.— The president, at the beginning of 
each session of congress, and from time to time as 
he may think necessary, sends to congress messages. 
These messages outline to congress the policies that 
he would like to see carried out by appropriate legis¬ 
lation. 

Extra Sessions. —Emergencies sometimes arise 
during recesses of congress which render it im¬ 
portant for congress to assemble. The president 
may then call an extra session to consider such 
matters as he may lay before it. 

Receiving Ambassadors. — Ambassadors, or 
ministers, are sent by all civilized nations to repre¬ 
sent their government at the capitals of other na¬ 
tions. The matter of receiving them is left to the 
president, as the representative of the nation. It is 
a matter of great importance at times, as two sets of 
ambassadors might be sent by two forms of govern¬ 
ment set up in the same country, and it is then for 
the president to decide which ambassadors are en¬ 
titled to recognition. It is a custom of nations to 
recognize no new government until it has proved its 
right to existence, and for the president to receive 
ambassadors from a form of government that has 
not proved that right might involve our nation in 
war. 

Execution of the Laws. —It is evident that 
the chief executive should see that the laws are 
faithfully executed, and this provision implies that 


242 


CIVIL GOVERNMENT, 


he shall use such means as may be necessary and 
not prohibited in performing the same. The presi¬ 
dent must be the judge of these means, and it is im¬ 
portant that he should be a man of sound judgment 
and quick decision. 

Commissions of Officers.— Over one hundred 
thousand offices have been in the past filled by the 
president by appointment and all these are to be 
commissioned by him. Civil service reform is fast 
removing much of this unnecessary burden and 
leaves the president freer to attend to his executive 
duties. 

Article II, Section 4. (1) “The president, vice-presi¬ 
dent, and all civil officers of the United States, shall be 
removed from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors.” 

Impeachment.— Impeachment has been referred 
to twice before in the discussion of the constitution. 
It may be well here to state that only officers of 
high rank are ever impeached. Others are usually 
removed by the power which appointed them. The 
right to impeach high officers is another safeguard 
thrown around the public offices. There have been 
only seven cases of impeachment in the history of the 
national government: William Blount, a senator; 
John Pickering, a judge; Samuel Chase, a judge; 
James Peck, a judge; W. H. Humphreys, a judge; 
Andrew Johnson, president; and W. W. Belknap, 
secretary of war. The case against the first was 
dismissed, as it was decided that he was not a civil 
officer. Judge Pickering and Judge Humphreys 
were convicted, and all the others acquitted. 


CHAPTER LIV. 


JUDICIAL DEPARTMENT. 


Article III, Section 1. (1) “The judicial power of the 
United States shall be vested in one supreme court, and in 
such inferior courts as the congress may from time to 
time ordain and establish. The judges both of the supreme 
and inferior courts shall hold their offices during good be¬ 
havior, and shall at stated times receive for their services 
a compensation which shall not be diminished during their 
continuance in ofiice.” 

Importance of the Judiciary. —-Another weak¬ 
ness of the government under the articles of con¬ 
federation was the lack of a national judiciary. 
Congress could make laws^ but each state was free 
to interpret them according to the will of its courts. 
The result was a conflict in interpretations, often 
to suit the interests of the states in which decisions 
were made. It was therefore pretty well agreed 
among the makers of the constitution that there 
should be a judicial department, and that it should 
be as free as possible from restraint. 

The Courts. —Congress has power to establish 
all the courts except the supreme court, which is 
provided for by the constitution. Under powers of 
congress these courts have been referred to. 

Judges of the Supreme Court.— The consti¬ 
tution does not provide for the number of judges 
of the supreme court, therefore congress adds to 

( 243 ) 




244 


CIVIL GOVERNMENT, 


the list as the increase of business seems to de¬ 
mand. At present there are nine, one of whom is 
called chief justice, and the others associate jus¬ 
tices. They are appointed by the president, and 
their term of office is really for life. Thus they are 
free after appointment to exercise their judgment 
without fear of incurring party displeasure or per¬ 
secution. They can be removed from office onlj' by 
impeachment. 

Other Judges. —Inasmuch as there are as many 
circuit courts of appeal and circuit courts as there 
are supreme judges, there are now nine of each, sev¬ 
eral states being combined under one justice of the 
supreme court and two or more circuit judges. The 
supreme judge and the judges of the circuit con¬ 
stitute the circuit court of appeals, which has final 
jurisdiction in most cases. Besides these, each 
state has a district court and some states two or 
three, in all nearly seventy at present, each with 
one judge, and a district attorney who has charge 
of all cases before the district court. The various 
other courts established by congress have judges, 
all of whom are appointed by the president. 

Salaries of Judges. —It will readily be seen why 
the salary of a judge should not be liable to reduc¬ 
tion by congress, and it would seem equally just that 
it should not be increased, but no provision is made 
against that. Therefore, from time to time congress 
has seen fit to increase thd:; salaries of the various 
judges, finding this necessary in order to hold the 
best legal authority on the bench. 


JUDICIAL DEPARTMENT. 


245 


Article III, Section 2. (1) “The judicial power shall 

extend to all cases, in law and equity, arising under this 
constitution, the laws of the United States, and treaties 
made or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers, and 
consuls; to all cases of admiralty jurisdiction; to contro¬ 
versies to which the United States shall be a party; to 
controversies between two or more states; between a state 
and citizens of another state; between citizens of different 
states; between citizens of the same state claiming lands 
under grants of different states, and between a state or the 
citizens thereof, and foreign states, citizens or subjects.” 

Jurisdiction of Federal Courts.— Most cases 
involving the questions of law are tried in the state 
courts, but there are others which are manifestly 
of such a nature as to place them outside the juris¬ 
diction of the law of any one state. For such cases 
as these the federal, or national, courts were es¬ 
tablished. Two classes of cases are specified, those 
which are purely national, and those in which the 
states are individually interested; but, like congress, 
the federal courts are limited to specific cases. 

Cases Purely National. —Among the cases which 
the constitution expressly places under the juris¬ 
diction of the federal courts are those in which 
some point of the constitution itself is in question, 
or some lav\^ made by the national government. 
These laws are general and must have a general 
interpretation. In all cases affecting treaties, am¬ 
bassadors, ministers, and consuls, and admiralty 
jurisdiction, which means jurisdiction on the high 
seas, the federal courts should surely have jurisdic¬ 
tion, as the cases all affect our foreign relations, 


246 


CIVIL GOVERNMENT. 


and foreign nations recognize no state government. 
The United States also reserves to herself the right 
to have tried in her own courts any case in which 
she is herself a party, and thus retains her sover¬ 
eignty. If a state were the other party in this last 
provision the subject would naturally fall in the 
following paragraph: 

Cases in Which States Are Interested.— 

A controversy between tw^o states could not be sat¬ 
isfactorily settled in the courts of either state. 
The same idea would naturally rise in connection 
with a case between one state and citizens of an¬ 
other state, and the constitution made provision for 
such cases in the federal courts, but the eleventh 
amendment changes this so that no suit brought 
by citizens of one state against another state can 
be considered by the federal court; yet suits by a 
state against citizens of another state are still 
brought in the federal court. Also do cases come 
under the same court between citizens of different 
states for reasons given above. In early days land 
grants often overlapped owing to inaccuracy or lack 
of survey, and in such cases state courts might lead 
to trouble between states granting the lands. The 
last provision evidently comes under the jurisdic¬ 
tion of the nation, as it involves foreign interests. 

(2) “In all cases affecting ambassadors, other public min¬ 
isters and consuls, and those in which a state shall be a 
party, the supreme court shall have original jurisdiction. 
In all the other cases before mentioned, the supreme court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the 
congress shall make.” 


JUDICIAL DEPARTMENT. 


247 


Jurisdiction of Supreme Court. —Original and 
appellate jurisdiction have already been explained. 
Only cases which have some high importance 
attached to them can come originally before the 
supreme court. Ambassadors, ministers, and con¬ 
suls are considered high officers and much re¬ 
spect is shown them; likewise, the state being a 
government within itself, and the thirteen being 
originally sovereign powers, would command the 
highest respect that could be shown. Cases in¬ 
volving the constitutionality of law from all the in¬ 
ferior federal courts, and from state courts when 
the point at issue affects the nation, may be brought 
by appeal before the supreme court. Six members 
of the court form a quorum to consider cases, and 
their decision is final. They do not decide upon the 
constitutionality of any law passed by congress 
until some case is brought before them involving 
that point. 

(3) “The trial of all crimes, except in cases of impeach¬ 
ment, shall be by jury, and such trial shall be held in the 
state where said crimes shall have been committed; but 
when not committed within any state, the trial shall be at 
such place or places as congress may by law have directed.” 

Trial of Crimes. —The difference between crim¬ 
inal and civil cases has been noted. Civil cases 
may or may not be tried by jury, but the constitu¬ 
tion guarantees trial by jury to every person ac¬ 
cused of crime. Trial by jury is of long standing 
and is considered one of the most important rights 
of a free people. Trial should be in the state where 


248 


CIVIL government. 


the crime was committed, otherwise the accused 
would be submitted to too much trouble and ex¬ 
pense. If a crime is not committed in any state it 
is reasonable that the trial of it should be under 
the direction of the general government. Such 
commission of crimes might be on the high seas, 
in the territories or District of Columbia, or on 
military or Indian reservations. 

Article III, Section 3. (1) “Treason against the United 
States shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on confes¬ 
sion in open court.” 

Treason. —Treason is considered the highest 
crime a person can commit and its punishment at 
all times has been most severe. In different coun¬ 
tries different acts are considered treasonable, and 
therefore congress thought best to define it accu¬ 
rately, and has limited it to two acts, levying war 
against the United States or adhering to or giving 
aid and comfort to their enemies. No contemplated 
act against the nation is treason; it must be some¬ 
thing actually performed. Further than this, a per¬ 
son can not be convicted unless there are two wit¬ 
nesses to the same overt or open act, or upon open 
confession. One witness in most cases is sufficient 
to convict, but in time of war or disturbances accu¬ 
sations are more likely to be made from prejudice 
than in time of peace; also, as treason is some overt 
act, if there was any foundation for the charge, 
more than one witness would be likely to know of 
the facts. 


RELATIONS OF THE STATES. 


249 


(2) “The congress shall have power to declare the punish¬ 
ment for treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted.” 

Punishment for Treason.— Congress may de¬ 
clare the punishment for treason and has made it 
death or imprisonment and fine; but none of the 
cruelties of the past are, of course, inflicted. Pun¬ 
ishment for treason in England and other countries 
was often extended to the children and they were 
prevented from inheriting the property of their con¬ 
victed parent. This, of course, was unjust and not 
consistent with the principles of a free country. 
Had the Revolution failed it is probable that many 
of the leaders would have been punished for treason. 
Again, at the close of the civil war our government 
had the right to punish for treason any who took 
part in the war against the Union, but no punish¬ 
ments were meted out except certain political disa¬ 
bilities. 


CHAPTER LV. 


RELATIONS OF THE STATES. 


Article IV, Section 1. (1) “Full faith and credit shall 
be given in each state to the public acts, records and judi¬ 
cial proceedings of every other state. And the congress 
may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and thti effect 
thereof.” 





250 


CIVIL GOVERNMENT. 


Records. —The public acts, which here mean the 
laws; the records, which mean all papers and re¬ 
ports legally filed; and judicial proceedings, which 
mean decisions of the courts, of one state, must be 
taken in full faith in any other state. Were it not 
for this, persons going into other states might be 
subjected to much inconvenience. This gives free¬ 
dom of action and equality of rights to all persons 
in whatever state they may happen to be either 
permanently or temporarily. Congress has made 
laws prescribing the manner of proofing any of these 
acts, records, and proceedings, such as having sig¬ 
natures of certain officials and seals attached. 

Aeticle IV, Section 2. (1) “The citizens of each state 
shall be entitled to all privileges and immunities of citizens 
in the several states.” 

Privileges of Citizens. —A state can not grant 
privileges to its citizens and deny the same to cit¬ 
izens of other states. A citizen going into another 
state is accorded all the privileges allowed to the 
citizens of that state. This is a safeguard to assure 
the equality of the people wherever they may be 
while within the limits of the country. 

(2) “A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up, to be re¬ 
moved to the state having jurisdiction of the crime.” 

Fugitive Criminals.— One state has no authority 
in another state, therefore a criminal who has es¬ 
caped into another state is exempt from arrest by 
any officer from the state from which he fled. 


RELATIONS OF THE STATES. 


251 


Criminals could almost always make their way into 
another state before arrest, and justice could not 
be secured, were it not for this provision. The con¬ 
stitution does not designate the method for carry¬ 
ing out this provision, but the states carry it out as 
follows: The governor of the state from which the 
criminal fled makes a requisition on the governor 
of the state in which the criminal is found and 
where he may be held by the authorities in that 
state. The governor of the latter state usually com¬ 
plies with the requisition and orders the prisoner 
turned over to the authorities of the former stale. 

(3) “No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in conse¬ 
quence of any law or regulation therein, be discharged from 
such service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due.” 

Fugitive Slaves. —The last clause refers partic¬ 
ularly to slaves escaping from their masters. It 
would also refer to those ''bound out,’' as they 
formerly were to serve apprenticeships. There was 
much sympathy in the Northern states for the 
slaves of the South, and it wms feared by the South¬ 
ern members of the convention that Northern states 
might enact laws that would interfere with the re¬ 
turn of fugitive slaves, or that Northern people 
might afford such shelter and protection. There¬ 
fore this clause was a concession to Southern senti¬ 
ment. The principle contained in it caused much 
bitterness of spirit for years before the rebellion, 
but now the provision has no force whatever. 


252 


CIVIL GOVERNMENT. 


Aeticle IV, Section 3. (1) “New states may be admit¬ 
ted by the congress into this Union; but no new state shall 
be formed or erected within the jurisdiction of any other 
state; nor shall any state be formed by the junction of 
two or more states or parts of states, without the consent 
of the legislatures of the states concerned as well as of the 
congress.” 

Admission of States. —At the time of the adop¬ 
tion of the constitution there was much land ex¬ 
tending westward from the thirteen original states 
that was acknowledged to be a part of the United 
States, and was either in no state at all or claimed 
by the dilferent states. Instead of keeping this 
land, and all territory thereafter acquired, as sub¬ 
sidiary to the original states, provision was made 
for admitting it on equal terms with the others. 
This has proved to be a wise provision, every state 
added being an addition of power and not a depend¬ 
ency that would tend in time to drag the nation 
down. Most of the territory claimed by the states 
was afterwards ceded to the general government, 
but when new states were made out of territory 
over which some state still claimed jurisdiction, the 
consent of the legislature of the state had to be 
obtained. The rights of states can not be inter¬ 
fered with, therefore a state can not be formed 
from part of another state without the consent of 
that state. 

(2) “The congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter¬ 
ritory or other property belonging to the United States; and 
nothing in this constitution shall be so construed as to prej¬ 
udice any claims of the United States, or of any particular 
state.” 


RELATIONS OF THE STATE. 


253 


Public Territory.— Of course a government has 
the right to make any regulations necessary to the 
control or disposal of its own property, but this 
provision places that right in the legislative branch 
of the government. Congress has had many a 
stormy session over the disposal of its vast areas of 
public lands which it has acquired by concession, 
conquest, purchase, annexation, or otherwise. Yet 
it has enriched the nation as a whole, and many 
of the newer states have reason to be satisfied with 
the disposition of the lands when they consider 
their immense permanent school fund resulting 
from these very lands. The last part of the clause 
was added to assure the states, that no act of con¬ 
gress could deprive them of their right over any 
of this territory. 

Article IV, Section 4. (1) “The United States shall 

guarantee to every state in this union a republican form 
of government, and shall protect each of them against in¬ 
vasion, and on application of the legislature, or of the exec¬ 
utive (when the legislature cannot be convened), against 
domestic violence.” 

Protection of the States. —Any other form of 
government than republican would be inconsistent 
with the principles upon which this government was 
founded, therefore the guarantee that every state 
should have such a form is only natural. It is not 
left for each state to decide this, but it is to be en¬ 
forced by the general government if necessary. It 
is also the duty of the nation to assist the state, if 
need be, when invaded, for the state is a part of the 
nation, and invasion of the state is invasion of the 


254 


CIVIL GOVERNMENT. 


nation. The state may, through its militia, take 
arms against invasion, but this is under general 
provisions of the national government. The nation 
is also bound to aid a state in times of domestic 
troubles, but then only at the request of the legis¬ 
lature or executive. This last condition is to re¬ 
lieve the nation from interfering in petty state 
broils. However, in times of great danger, the na¬ 
tion has interfered in state matters, even though 
not requested to do so by the state, on the ground 
that a national calamity was imminent. 


CHAPTER LVI. 


AMENDMENT AND MISCELLANEOUS. 


Article Y. (1) “The congress, whenever two-thirds of 
both houses shall deem it necessary, shall propose amend¬ 
ments to this constitution, or, on the application of the leg¬ 
islatures of two-thirds of the several states, shall call a con¬ 
vention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as a part of this 
constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification 
may be proposed by the congress; provided, that no amend¬ 
ment, which may be made prior to the year one thousand 
eight hundred and eight, shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first ar¬ 
ticle; and that no state, without its consent, shall be de¬ 
prived of its equal suffrage in the senate.” 

Amendment.— The constitution of the United 
States is the most complete and comprehensive 
political document ever compiled by any body of 





AMENDMENT AND MISCELLANEOUS. 


355 


men; and yet it is brief, being much shorter than 
the constitutions of most of the states. The wis¬ 
dom expressed in those few pages has almost with¬ 
out change withstood the shocks of peace and war 
for over a hundred years. But the framers knew 
that however complete it might be for the then ex¬ 
isting condition, the time would come when changes 
would be necessary, yet during the hundred years, 
although over seven hundred amendments have 
been advocated in congress and nineteen proposed 
to the states for ratification, only fifteen have been 
adopted. No amendment has ever been proposed or 
ratified by conventions. Stability of fundamental 
principles of government are necessary to progress 
and tranquillity in a nation; therefore amendment 
to a constitution is usually made difficult. If there 
is a real need for change the change can be made 
under these difficulties. The two provisos at the 
close of the clause were concessions to the South 
and to the small states. The former has been 
amended in part, but the latter has not. 

Rejected Amendments.— Of the four amend¬ 
ments rejected by the states, two were proposed by 
the first congress. One of these related to the reg¬ 
ulation of the number of representatives. This 
could be better regulated by congress from time to 
time. The other was to prevent congressmen from 
increasing their own salaries. Public opinion will 
usually prevent congressmen from increasing be¬ 
yond reasonable limits their own salaries. In 1873 
congress passed a bill increasing the salaries of 
members to |7,500 and making it apply from the 


256 


CIVIL GOVERNMENT, 


beginning of their term. This was called the 
“salary grab/’ and created such an outburst of con¬ 
demnation throughout the country that it was re¬ 
pealed at the next session. Another rejected 
amendment was one to prohibit citizens from re¬ 
ceiving titles, or any emoluments from a foreign 
power. The last rejected amendment was proposed 
in 1861, and was to make slavery perpetual. It was 
hoped by this that the feeling in the South might 
be allayed and the threatened war averted. 

Article VI. (1) “All debts contracted and engagements 
entered into before the adoption of this constitution shall 
be as valid against the United States under this constitu¬ 
tion as under the confederation.” 

Debts. —Under the confederation it was difficult 
to collect debts, and one purpose of a new form of 
government was to insure the payment of all just 
claims. Yet there were those who might fear that 
a change in government would affect their rights, 
so this clause was inserted as a sort of assurance to 
the mistrustful. Under the new government credit 
soon became much more firmly established than it 
had ever been under the confederation. 

(2) “This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which sh'all be made, under the authority of the 
United States, shall be the supreme law of the land; and 
the judges in every state shall be bound thereby, anything 
in the constitution or laws of any state to the contrary not¬ 
withstanding.” 

Supremacy of the Nation.—When the states 
adopted the constitution they, of course, adopted 
the provisions of this clause, and the stand which 



AMENDMENT AND MISCELLANEOUS. 


257 


many of them afterwards took in regard to state 
rights had no foundation at all. This clause gives 
entire supremacy to the constitution and laws of 
the United States and makes all laws of the states 
contrary to the same null and void. It is the clause 
which makes the whole constitution a living, acting 
force. 

(3) “The senators and representatives before mentioned, 
and the members of the several state legislatures, and all 
executive and judicial officers, both of the United States 
and of the several states, shall be bound by oath or affirma¬ 
tion, to support this constitution; but no religious test shall 
ever be required as a qualification to any office or public 
trust under the United States,” 

Oaths. —The first provision of this last clause 
requires all officers under the national or state gov¬ 
ernments to swear allegiance to the United States. 
This custom of taking an oath of office is of long 
standing in various countries, but it has come to 
be considered by many as a mere form; yet the ma¬ 
jority of the people are still influenced by its sacred¬ 
ness. The test oath, as it is called, of the second 
provision is in accordance with the spirit of religious 
liberty for which our forefathers so often contended. 
No officer of the national government is ever re¬ 
quired to proclaim his religious belief. This pro¬ 
vision does not extend to state officers, but the 
states have followed the nation in the matter. 

Artlicle YU. (1) “The ratification of the conventions of 
nine states shall be sufficient for the establishment of this 
constitution between the states so ratifying the same.” 


258 


CIVIL GOVERNMENT. 


Ratification of the Constitution. —The consti¬ 
tutional convention was called for the purpose of 
revising the articles of confederation, but instead 
of this the convention assumed a power not dele¬ 
gated to it and made a constitution for the people. 
The states were still sovereign, and, therefore, the 
constitution was referred directly to them for ratifi¬ 
cation, without referring it to congress, the body 
which had brought the convention into existence. 
When two-thirds of the states had ratified it, it was 
to become binding upon those states. The others 
would still be sovereign. It was thought that nine 
states would be few enough to make successful such 
a government. Nine states adopted it before the 
end of a year, and the new government went into 
operation; an existing government had been over¬ 
thrown, and another revolution had been accom¬ 
plished. 

Inauguration of the New Government.— The 

constitution Tvas completed and signed by the mem¬ 
bers of the convention in September, 1787. In July 
of the next year the ninth state ratified it, and the 
government of those nine states under the constitu¬ 
tion began. That is, the constitution became bind¬ 
ing upon them, but the government did not go into 
immediate operation. The old congress still con¬ 
tinued to exist, and in September, 1788, adopted the 
following resolution: 

“Resolved, That the first Wednesday in January 
next be the day of appointing electors in the sev¬ 
eral states which before the said day shall have 
ratified the said constitution; that the first Wednes- 


THE AMENDMENTS. 


259 


daj in February next be the day for the electors to 
assemble in their respective states, and vote for a 
president; and that the first Wednesday in March 
next be the time, and the present seat of congress 
the place, for commencing proceedings under the 
said constitution/’ 

Senators, representatives, and presidential elect¬ 
ors were elected, and the latter met in February, 
1789, and elected George Washington president. 
The day set for inauguration of the president fell 
on the fourth of March, therefore that date has 
come down to us as the day of inauguration. How¬ 
ever, the first inauguration did not take place until 
April 30 on account of a delay in the assembling of 
congress. Washington was inaugurated on the bal¬ 
cony of Federal Hall in New York City, where the 
capital was located until 1790. 


CHAPTER LVII. 


THE AMENDMENTS. 


First Ten Amendments. —As the constitution 
came before the several legislatures for ratification, 
quite a general sentiment was expressed that the 
rights of the people were not clearly enough ex¬ 
pressed. Under the confederation the people could 
not be reached at all by the general government, 
but this had i)roved a weakness. Yet personal lib¬ 
erty was what they had fought for in the Revolu¬ 
tion, and they were still opposed to any form of 





260 


CIVIL GOVERNMENT. 


government that in any way threatened thosii lib¬ 
erties, Although the constitution reserved to the 
national government only certain rights, expressly 
stated, and conceded to the states and the people 
all other rights, yet there was a demand for a more 
explicit statement of these facts. Therefore, in the 
first session of congress in 1789, twelve amendments 
were proposed, ten of which were ratified by the 
requisite number of state legislatures in 1791. 
These amendments together were called the ^^bill of 
rights.” They do not change the constitution at 
all, but rather serve to explain it. Judge Story says 
their object was to ^hnore efficiently guard certain 
rights already provided for in the constitution, or 
to prohibit certain exercises of authority supposed 
to be dangerous to the public interests.” 

Article I, “Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech or of the press; 
or the right of the people peaceably to assemble and to pe¬ 
tition the government for a redress of grievances.” 

Freedom of Religion. —Many of the states were 
settled for the purpose of securing religious free¬ 
dom, and in the minds of our forefathers it should 
go hand in hand with political freedom. No na¬ 
tional religion should be established by congress 
and no law should be made interfering with free 
exercise of anyone’s religion. The Mormons have 
tried to take advantage of this article to practice 
polygamy, contrary to the laws of the United States. 

Freedom of Speech and Press.,— Some coun¬ 
tries even now restrict speech and the press, but it 
is at variance with the spirit of liberty, and assur- 


THB AMENDMENTS. 


261 


ances were demanded that it would never be prac¬ 
ticed by our government. Every person is free to 
speak or write his opinion on any subject, but this 
does not include the right to utter falsehoods that 
would injure another. Freedom can extend only 
so far as it does not injure others or interfere with 
their rights. 

Right to Petition. —England had at times re- 
fused the people the right to assemble and petition 
the king, on the ground that it was to prevent insur¬ 
rection. Bodies of men assembled, sometimes 
threaten a government, but a government is weak, 
indeed, and unworthy the confidence of the people 
if it fears such assemblies. 

Akticle II. “A well-regulated militia being necessary to 
the security of a. free state, the right of the people to keep 
and bear arms shall not be infringed.” 

Right to Keep and Bear Arms.— The people, 
or certain specified portions of them, constitute the 
militia, and have been found to be of valuable assist¬ 
ance in times of danger. Were they deprived of the 
right to keep arms, the regular army under an un¬ 
scrupulous deader might usurp the liberties of the 
people; but the militia being somewhat trained, and 
free to keep arms, would be able to counteract any 
such attempt at usurpation by any army that a re¬ 
public should keep in time of peace. But this 
amendment does not convey to the people the right 
to carry concealed weapons. 

Article III. “No soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law.” 


262 


CIVIL GOVERNMENT, 


Quartering Soldiers. —The Declaration of Inde¬ 
pendence declares against ''quartering large bodies 
of armed troops,” for the people had been fre¬ 
quently annoyed by this for years before the Revolu¬ 
tion. People had been obliged to provide for the 
very soldiers that were sent to watch them and 
keep them in subjection, and this was a point on 
which they desired special assurance. 

Article IV. “The right of the people to be secure in 
their persons, houses, papers, and effects, against unreason¬ 
able searches, and seizures, shall not be violated, and no 
warrants shall issue, but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized.” 

Right of Search. —Liberty is not complete un¬ 
less a person is secure in the unmolested possession 
of his property. Unwarranted searches had often 
been made by soldiers and officers prior to the Rev¬ 
olution, much to the discomfort of citizens. This 
article was an assurance that no searches for prop¬ 
erty illegally held could be made without proper 
warrant issued upon probable cause, and especially 
designating the place to be searched. 

Article V. “No person shall be held to answer for a 
capital or otherwise infamous crime unless on a present¬ 
ment or indictment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia when in active 
service in time of war, or public danger; nor shall any 
person be subject for the same offense to be twice put in 
jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be de¬ 
prived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use 
without just compensation.” 


THE AMENDMENTS. 


263 


Rights in Criminal Cases.— The first provision 
of the last clause is intended to assure to every per¬ 
son the right of a preliminary hearing before some 
authorized body, before he can be formally accused 
and placed on trial for any great crime. It is a 
safeguard against hasty trials. But an exception 
is made in military affairs, because in time of dan¬ 
ger prompt action is necessary to good discipline. 
Court-martial is then the court of justice, and its 
proceedings are very informal. No person shall be 
tried a second time for the same offense; that is, 
after he has been once acquitted, he can not be 
called to answer for the same offense again. In a 
criminal case, the accused is not compelled to testify 
against himself. This idea probably resulted from 
the old method of torturing the accused to secure 
confessions. No right of a person can be taken 
from him without due process of law, and for prop¬ 
erty, just compensation. These were assurances 
that the people felt that they were entitled to. 

Article VI. “In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial by an im¬ 
partial jury of the state and district wherein the crime shall 
have been committed, which district shall have been pre¬ 
viously ascertained by law, and to be informed of the na¬ 
ture and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor; and to have the assist¬ 
ance of counsel for his defense.” 

Rights of Accused —^An accused person should 
have a speedy trial. If he is guilty the purposes of 
justice are better served by quick conviction, and 
if he is innocent he should be freed from the accu¬ 
sation as soon^s possible. It is customary for trials 


264 


CIVIL GOVERNMENT. 


to be held at the next term of court, two or more 
terms usually being held in each district every year. 
The trial is public. Sometimes the doors are closed 
against spectators for the sake of decency, but the 
records are open to inspection. Impartial juries 
are obtained by a system of drawing and question¬ 
ing, as heretofore explained. The accused has the 
right to know of what he is accused, and this is 
set forth in the warrant and in the pleadings. All 
witnesses against him testify in open court, either 
by deposition or in person, so that the accused may 
have opportunity to refute false testimony. Per¬ 
sons who could prove the innocence of the accused 
might, for various reasons, not desire to appear and 
testify, but it is right that they should be com¬ 
pelled to do so. Further, the accused, though too 
poor to obtain counsel, should have rights equal 
with the rich; therefore, counsel is furnished him at 
public expense. 

Article YU. “In suits at common law, where the 
amount in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved; and no fact tried 
by a jury shall be otherwise re-examined in any court of 
the United States, than according to the rules of common 
law.” 

Juries in Civil Cases.— This article is for the 
purpose of securing to the people the right of trial 
by jury in civil as well as criminal cases, and adds 
another privilege to the lists claimed by them. It 
further provides that when any fact has been acted 
upon by a jury, it shall not be taken before a court 
of the United States and again acted upon, but must 
follow the principles of common law. 


THE AMENDMENTS, 


265 


Article VIII. “Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punishments 
infiicted.” 

Bail, Fines and Punishment.— This clause is 
very indefinite, but serves to call attention to the 
lawmakers that they are to take the rights of the 
people into consideration. Excessive bail might 
prevent an innocent person from securing it, and 
subject him to long imprisonment. Small offenses 
might be punished by fines so heavy as to render 
the payment impossible or unjust, and the purpose 
for which they were imposed would be thwarted. 
Cruel punishments are no longer tolerated in any 
civilized nation, but one hundred years ago whip¬ 
ping posts and the like were hardly out of date. 

Article IX. “The enumeration in the constitution of cer¬ 
tain rights shall not be construed to deny or disparage oth¬ 
ers retained by the people.” 

Enumerated Rights, —The constitution enumer¬ 
ates certain rights belonging to the people, and it 
was feared that the general government might as¬ 
sume that these were all the rights that the people 
could claim, so this clause was inserted to prevent 
any such assumption on the part of the nation. 


Article X. “The powers not delegated to the United 
States by the constitution, nor prohibited by it to the states, 
are reserved to the states respectively, or to the people.” 

Powers not Delegated. —The last two article 
have a very similar import, namely, that all powers 
not enumerated as belonging either to the states oi 


IS 


266 


CIVIL GOVERNMENT. 


the nation shall be considered as belonging to the 
states or people. Certain powers are delegated to 
the United States, and certain others are forbidden 
to the states by the constitution. All others be¬ 
long to the states, and upon these clauses the advo¬ 
cates of state rights have based many of their argu¬ 
ments. 

Article XI. “The judicial power of the United States 
shall not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States 
by citizens of another state, or by citizens or subjects of 
any foreign state.” 

Suit Against a State. —The eleventh amend¬ 
ment was adopted in 1798. Suits in the federal 
courts by citizens against states proved to be a con¬ 
stant source of irritation to the states. States pre¬ 
ferred to have suits against themselves brought in 
their own courts; therefore, the constitution was 
amended to that effect, as has been noted in the 
second section of the judicial department. In fact, 
now no state can be sued by private individuals, but 
must obtain redress for grievances through the legis¬ 
lature. Therefore, states may repudiate their debts 
at pleasure, and some states have done this. 

Article XII. “The electors shall meet in their respective 
states and vote by ballot for president and vice-president, 
one of whom at least shall not be an inhabitant of the same 
state with themselves; they shall name in their ballots 
the person voted for as president and in distinct ballots the 
person voted for as vice-president, and they shall make 
distinct lists of all persons voted for as president, and of 
all persons voted for as vice-president, and of the number 
of votes for each; which lists they shall sign and certify, 


THE AMENDMENTS. 


267 


and transm(t sealed to the seat of government of the 
United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the 
senate and house of repn-seutatives, open all the certifi¬ 
cates, and the votes shall then be counted; the person hav¬ 
ing the greatest number of votes for president shall be 
president, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then from the persons having the highest num¬ 
bers not exceeding three on the list of those voted for as 
president, the house of representatives shall choose imme¬ 
diately, by ballot, the president. But in choosing the presi¬ 
dent, the votes shall be taken by states, the representation 
from each state having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be neces¬ 
sary to a choice. And if the house of representatives shah 
not choose a president whenever the right of choice shall 
devolve upon them, before the fourth day of March, next 
following, then the vice-president shall act as president, as 
in the case of the death or other constitutional disability of 
the president. 

“The person having the greatest number of votes as vice- 
president, shall be the vice-president, if such number be a 
majority of the whole number of electors appointed, and 
if no person have a majority, then from the two highest 
numbers on the list the senate shall choose the vice-presi¬ 
dent; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. But no per¬ 
son constitutionally ineligible to office of president shall be 
eligible to that of vice-president of the United States.” 

Election of President and Vice-President.— 

This amendment was adopted in 1804, and was the 
result of the rise of political parties. It has been 
fully discussed under the first section of the exeem 
tive department. 


268 


CIVIL GOVERNMENT. 


Article XIII, Section 1. “Neither slavery nor involun¬ 
tary servitude, except as a punishment for crime, whereof 
the party shall have been duly convicted, shall exist within 
the United States, or any place subject to their jurisdic¬ 
tion.” 

Abolition of Slavery.— In 1863 President Lin¬ 
coln issued his famous Emancipation Proclamation, 
“That on the first day of January, in the year of our 
Lord one thousand eig'ht hundred and sixty-three, 
all persons held as slaves within any state, or desig¬ 
nated part of the state, the people whereof shall be 
in rebellion against the United States, shall be then, 
thenceforward, and forever free.’^ Under ordinary 
circumstances the president would have had no such 
authority; but in times of war or great danger, he, 
as commander-in-chief of the army and navy, has 
extraordinary powers, and often resorts to what are 
called war measures. The proclamation w^as issued 
in accordance with this power, and the slaves were 
considered free; but in 1865 congress formally in¬ 
dorsed the proclamation by proposing the thirteenth 
amendment, which was at once ratified by the state 
legislatures. 

Article XIII, Section 2. “Congress shall have power to 
enforce this article by appropriate legislation.” 

Power of Congress. —The second section of the 
amendment seems unnecessary, as the authority to 
enact a law would seem to carry with it the au¬ 
thority to execute it. But it must be remembered 
that the amendment was only proposed by congress, 
and had to be ratified by the states, and, further. 


THE AMENDMENTS. 


269 


that slavery had been considered by many as a state 
institution; therefore, it was necessary now to place 
it entirely under the control of the general govern¬ 
ment. 

Article XIV, Section 1. “All persons born or natural¬ 
ized in the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the state 
wherein they reside. No state shall make or enforce any 
law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state deprive 
any person of life, liberty, or property, without due process 
of law, nor deny to any person within its jurisdiction the 
equal protection of the laws.” 

Citizenship. —The thirteenth amendment gave 
freedom to the slaves; the fourteenth gave them 
citizenship. It was the second step in raising the 
negroes, in the light of law, to an equality with the 
white people. It was proposed in congress in 180G 
and became a part of the constitution in 1868. The 
first section not only declares citizenship of all per¬ 
sons born in the United States, but provides that no 
state shall make laws that will in any way deprive 
any persons of this right or abridge it in any way. 
Most of the amendments w^ere to limit powers of 
congress; this was to limit powers of states. 

Article XIV, Section 2. “Representatives shall be ap¬ 
portioned among the several states according to their re¬ 
spective numbers, counting the whole number of persons 
in each state, excluding Indians not taxed. But when tlie 
right to vote at any election for the choice of electors for 
president and vice-president of the United States, repre¬ 
sentatives in congress, the executive and judicial officers 
of a state, or i^he members of the legislature thereof, is de- 


270 


CIVIL GOVERNMENT. 


Died to any of the male inhabitants of such state, being 
twenty-cne years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebel¬ 
lion or other crime, the basis of representation ‘herein shall 
be reduced in the proix>rtion which the number of such 
male citizens shall bear to the whole number of male citi¬ 
zens twenty-one years of age in such state.' 

Kepresentation. —In determining representation 
under the constitution three-fifths of all slaves had 
been counted. Now, that there were no slaves, the 
representation in former slave states would be in¬ 
creased. But, as states had the right to determine 
the qualifications of their citizens for voting, it was 
feared some of the states might impose such re¬ 
strictions as virtually to exclude the negroes from 
voting, and still the states would enjoy the right 
of increased representation. This section was added 
to counteract any such attempt. 

Article XIV, Section 3. “No person shall be a senator 
or representative in congress, or elector of president or 
vice-president, or hold any office, civil or military, under the 
United States, or under any state, who, having previously 
taken an oath, as a member of congress, or as an officer 
of the United States, or as a member of any state legisla¬ 
ture, or as an executive or judicial officer of any state, to 
support the constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But congress 
may, by a two-thirds vote of each house, remove such dis¬ 
ability.” 

Political Disabilities.— Instead of dealing with 
those who had rebelled against their government as 
the laws for treason would allow, no punishments 
were inflicted, except the political disabilities noted 


THE AMENDMENTS. 


271 


in the last section. Persons so recently in active 
rebellion against their country, after having taken 
an oath to support that government, could not well 
be entrusted at once with responsibilities in the 
national government. However, leniency, rather 
than severity, has been the policy of the govern¬ 
ment, and congress has from time to time removed 
these disabilities, until only a few remain. In a 
few years more the section will become obsolete in 
the natural course of events. 

Article XIV, Section 4. “The validity of the public 
debt of the United States, authorized by law, including 
debts incurred for payment of pensions, and bounties 
for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any 
state shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any slave; but 
all such debts, obligations and claims shall be held illegal 
and void.” 

Debts. —The national government, as well as the 
government of the Confederate States, had incurred 
large debts during the war. The last section not 
only assures creditors that the national debt will be 
paid, but it forbids the payment of the Confederate 
debt. This was to discourage aid and support to 
future insurrections and rebellions. This was, per¬ 
haps, an unnecessary provision, as there was no 
government left to assume the debt, and the states 
were hardly likely to take upon themselves individ¬ 
ually the responsibility. 


272 


CIVIL GOVERNMENT. 


Article XIV, Section 5. “Congress shall have power to 
enforce, bv appropriate legislation, the provisions of this 
article.” 

Power of Congress. —^As in other amendments, 
the states in ratifying them, give to congress the 
power to enforce them. 

Article XV, Section 1. “The right of citizens of the 
United States to vote shall not be denied or abridged by the 
United States, or by any state, on account of race, color, or 
previous condition of servitude.” 

Rights of Citizens. —The fifteenth and last 
amendment was ratified in 1870, and was the third 
and last step to secure to the former slaves all the 
rights of citizenship and suffrage. It is another 
limitation on the powers of states, as well as on the 
powers of the United States. The states may still 
prescribe the qualifications of voters, but such quali¬ 
fications must be general in their application, and 
can not be made ^^on account of race, color, or pre¬ 
vious condition of servitude.” 

Article XV, Section 2. “Congress shall have power to 
enforce this article by appropriate legislation.” 

Power of Congress.— Without this last section 
the states might claim all powers in the enforce¬ 
ment of this vital amendment, and the struggle for 
the entire emancipation of the slaves would have 
lost much of its force. 

Results. —Thus the constitution stands to-day 
amended in really only three particulars: First, by 
the eleventh amendment, in respect to suits against 





THE AMENDMENTS, 


273 


states; by the twelfth, in respect to the election of 
president and vice-president; and by the thirteenth, 
fourteenth, and fifteenth, in respect to the rights of 
former slaves. We can but wonder at the mar¬ 
velous wisdom of the framers of such a document. 
Under it our country has developed as no other 
country ever has in the history" of the world. But 
it might be said that, under almost any form of gov¬ 
ernment, a nation with such resources and possibil¬ 
ities would have prospered. This might have been 
true in times of peace, but the strength and effi¬ 
ciency of our government have been tested by four 
wars, one of which was the greatest and most trying 
in the annals of modern warfare. Each war tended 
to strengthen rather than weaken our political in¬ 
stitutions, and we stand to-day, after the vicissi¬ 
tudes of over a hundred years, the wonder and ad¬ 
miration of the world, the land of promise of lib¬ 
erty-loving people from every nation on the globe. 














INDEX, 


Abolition of slavery, 268. 
Academy of science, 153. 
Adjournment, 202. 

Admission of states, 252. 
Affidavit, 96. 

Agricultural college, 146. 
Agricultural department, 237. 
Albany plan, 176. 

Alderman, 55, 56. • 

Alien, 156. 

Alliance, 222. 

Ambassador, 241. 
Amendments, 172, 254, 259. 
Annapolis convention, 182. 
Appellate jurisdiction, 86, 247. 
Appointive officers, 131, 239. 
Appointment, 239. 

Appraisers, 65, 66, 72. 
Appropriation, 221. 
Aristocracy, 2. 

Army, 215. 

Articles of confederation, 180. 
Assessor, 38, 40. 

Attendance, 27. 

Attorney general, 125. 
Auditor, 66, 75, 122. 

Bail, 86, 265. 

Ballot, 157, 158. 

Bankruptcy, 210. 

Base line, 30. 

Bible, 22. 

Biennial, 62, 113, 120. 

Bill of attainder, 219, 223. 

Bill of rights, 260. 

Bills, 116, 117, 205. 

Bills of credit, 223. 

Bismarck, 105. 

Blind asylum, 151. 

Board of auditors, 138. 

Board of canvassers, 138. 
Board of conciliation, 100. 
Board of dental examiners, 142. 
Board of equalization, 52, 142. 
Board of health, 39, 82, 139. 
Board of high schools, 136. 
Board of med. examiners, 140. 


Board of pharmacy, 141. 
Board of trustees of public 
property, 136. 

Board of university and school 
lands, 137. 

Board of veterinary examiners, 
134. 

Bond, 36, 50, 129. 

Bonds, 23, 80. 

Bridges, 34, 43. 

Cabinet, 235. 

Canvass, 14. 

Canvass of returns, 161. 
Capital, 144. 

Capitation tax, 220. 

Captures, 215. ' • 

Census, 112, 192, 237. 
Certificate, 20. 

Certificate of election, 162. 
Chief justice, 97. 

Circuit court, 244. 

Circuit court of appeals, 244. 
Citizen, 155, 250, 269. 

Civil action, 85, 86. 

Civil service reform, 239. 

Civil township, 32, 33. 

City, 7, 46, 47, 53. 

Clerk, 7, 13, 14, 15, 18, 19, 36, 
37, 74. 

Clerk of court, 71, 80. 

Coinage, 210, 222. 
Commander-in-chief, 120, 234. 
Commerce, 208, 220. 
Commissioner of agriculture 
and labor, 126. 
Commissioner of insurance, 11. 
Commissioners of railroads, 127. 
Commissioner of university 
and school lands, 132. 
Commissioners of insanity, 83. 
Common school dist., 6, 10, 23. 
Common schools, 10. 
Commutation, 121. 

Concurrent jurisdiction, 86, 88. 
Concurrent resolution, 206. 
Conduct of election, 160. 






276 


CIVIL GOVERNMENT 


Confederation, 179, 222. 
Conference committee, 117. 
Congress, 188, 199. 
Congressional township, 29, 30, 
31. 

Congressman, 199. 

Connecticut constitution, 175. 
Consolidation of schools, 12. 
Constable, 36, 39, 74, 79. 
Constitutional convention, 
b. 106, 182. 

Constitution, 110, 182. 

Consul, 235. 

Contract, 223. 

Copyright, 212. 

Correction line, 31. 

Coroner, 73, 79. 

Council, 56, 57. 

Counsel for accused, 96. 
Counterfeiting, 211. 

County, 5, 59, 60. 

County boards, 82. 

County commissioners, 33, 65, 
66, 75. 

County courts, 88. 

County judge, 70, 78. 

County physician, 81. 

County seats, 63. 

County superintendent, 20. 
Course of study, 124. 

Court house, 65. 

Courts, 213. 

Crime, 85, 247. 

Criminal action, 85. 

Czar, 3, 201. 

Debts, 44, 52, 57,165, 256, 271. 
Declaration of Independence, 
178. 

Declaration of intention, 209. 
Declaration of rights, 108, 176. 
Declaring war, 214, 224. 
Defendant, 85. 

Definitions, 85. 

Democracy, 2. 

Deposition, 96. 

Deputy, 74, 130. 

Director, 13, 15, 16, 20. 

Direct taxes, 208. 

District court, 89, 90. 


District of Columbia, 217. 
District system, 10. 

Duties, 224. 

Early colonial developments, 
173. 

Early government, 103. 
Education, 167. 

Election, 14, 49, 154, 226, 228. 
Election by the house, 229. 
Election by the senate, 230. 
Election officers, 13, 156. 
Elective franchise, 154. 
Elective officers, 156. 

Electors, 13, 155, 227. 
Emperor, 3. 

Enabling act, 105. 
Enumeration, 18, 112. 
Examination, 121. 

Executive, 119, 225. 

Executive dep., 225, 234. 
Exemptions, 166. 

Export duties, 220. 

Ex post facto law, 219, 223. 
Federal courts, 245. 

Fees, 20, 40, 75, 97, 115. 
Felony, 85, 214. 

Fines, etc., 25. 

First continental congress, 177. 
First election, 49, 107. 

Flags, 28. 

Freedom of press, 260. 
Freedom of religion, 260. 
Freedom of speech, 260. 

Free text books, 27. 

Fugitive criminals, 250. 
Fugitive slaves, 251. 

Game wardens, 133. 

Governor, 120. 

Grand jury, 94, 262. 

Grand model, 175. 

Great charter, 174. 

Great law, 176. 

Great seal, 122, 235. 

Habeas corpus, 85, 219. 
Hartford constitution, 175. 
Highways, 41, 42. 

Historical society, 135. 
Holidays, 22. 

Hospital for the Insane 149. 






INDHX 


277 


House of representatives, 114, 
189. 

Impeachment, 170, 194, 198, 
242. 

Inaugural address, 233. 
Inauguration, 233, 258. 
Increased jurisdiction, 88. 
Independent district, 8, 23. 
Industrial school, 152. 
Injunction, 86. 

Interest and income fund, 25. 
Interior department* 237. 
Issue of fact, 85. 

Issue of law, 85. 

Joint resolution, 206. 

Judge, 90. 

Judge of election, 14. 
Judiciary, 84, 243. 

Jury, 91, 264. 

Justice, 39, 76, 79. 

Justice courts, 86, 

Justice department, 237. 
Kaiser, 3. 

King, 3. 

Later colonial developments, 
170. 

Legal tender, 223. 

Legislative district, 112. 
Legislative election, 113. 
Legislature, 110, 118. 

Levy, 23. 

Lieutenant-governor, 121. 
Mandamus, 86. 

Marque and reprisal, 215, 222. 
Marshal, 50. 

Mayflower compact, 174. 
Mayor, 56. 

Message, 241. 

Militia, 168, 216. 

Ministers, 235. 

Misdemeanor, 85. 

Monarchy, 3. 

Naturalization, 209, 

Navy, 216. 

Navy department, 236. 
Nominations, 158. 

Nomination by petition, 159. 
Normal school, 146. 

Notice of election, 13, 160 


Oath, 233, 257. 

Oil inspector, 132. 

Oligarchy, 2. 

Ordinance of 1787, 181. 
Original jurisdiction, 89, 247. 
Overseers of highways, 36, 40, 
Overseers of the poor, 81. 
Pardon, 121, 238. 

Patents, 212. 

Patriarchate, 3. 

Penitentiary, 153. 

Permanent school fund, 137. 
Permit, 20. 

Personal property, 164. 

Petit jury, 95. 

Piracy, 214. 

Plaintiff, 85. 

Plutocracy, 2. 

Police magistrate, 55, 57. 
Political disabilities, 249, 270, 
Polls, 164. 

Poll tax, 26, 165. 

Poor, 34, 81. 

Postal service, 211, 

Postoffice department, 237. 
Pounds, 43. 

Preamble, 186. 

President, 18, 197, 229. 
Presidential election, 228, 267. 
Presidential electors, 227. 
President pro tern., 113, 197. 
Principal meridian, 30. 
Probate, 70. 

Prohibition, 171. 

Property tax, 165. 

Protection of states, 253. 
Public debt, 208, 236. 

Public institutions, 143. 

Public territory, 253. 
Qualification of officers, 13j 
128, 190, 197, 231. 
Quarantine, 139. 

Quartering soldiers, 262. 
Quorum, 118, 200. 

Range, 30. 

Ratification of the Constitu¬ 
tion, 258. 

Real estate, 164. 

Reform school, 164. 




278 


CIVIL GOVERNMENT. 


Register of deeds, 07, 70. 
Registration, 103. 

Regulation of commerce, 208. 
Representation, 189, 191, 270. 
Representation and taxation, 
191. 

Representative, 192. 

Reprieve, 121, 238. 

Republic, 3, 4. 

Revenue, 204. 

Revenue and taxation, 104. 
Right of search, 202. 

Rights of criminals, 203. 

Right to petition, 201. 

Salary, 23, 75, 115, 129, 202, 
232 244. 

School board, 7, 9, 13, 17, 23. 
School district, 0. 

School for the deaf, 147. 

School month, day, etc., 22. 
School of forestry, 152. 

School of mines, 145. 

Second continental congress, 
178. 

Secretary of state, 122, 235. 
Section, 31. 

Self-governing spirit, 174. 
Senate, 113, 190, 230. 
Senatorial district, 112. 
Senator, 194. 
Sergeant-at-arms, 193. 

Sheriff, 09, 77. 

Sidewalks, 52. 

Sites, 23. 

Slave trade, 218. 

Soldiers’ home, 150. 

Speaker, 114, 193. 

Special district, 0, 23. 

Special election, 115. 

Special session, 120, 241. 
Stamp act, 177. 

State boards, 134. , 

State credit, 100. 

State department, 235. 

State examiner, 131. 

State government, 102. 
Statehood, 104. 

State officers, 119. 

State’s attorney, 08, 77. 


State university, 145. 

Steps toward statehood, 103. 
Streets, 52. 

Subpoena, 96. 

Suits against states, 266. 
Summons, 87, 91. 
Superintendent of poor, 81. 
Superintendent of public in-> 
struction, 124. 

Superintendent of schools, 72, 
79. 

Supervisor, 36. 

Support of schools, 22. 
Supremacy of the nation, 256. 
Supreme court, 97, 243, 247. 
Survey, 30. 

Surveyor, 73, 79. 

Sweeping clause, 217. 

Taxes, 164, 207, 220. 

Teachers, 9-19. 

Term, 15, 115, 195, 226. 
Theocracy, 2. 

Tie, 14. 

Titles of nobility, 221, 223. 
Tonnage duties, 224. 

Town, 47.' 

Township, 29. 

Township officers, 36. 
Township meetings, 34. 
Township system, 11. 

Treason, 248. 

Treasurer, 9, 13 14, 15, 17, 19, 
37,71,78, 123. 

Treasury department, 236. 
Treaty, 222, 238. 

Trustee, 50. 

Tuition fund, 24, 25. 

Vacancy, 14, 19, 36, 50, 101, 
115, 129, 193, 196, 231, 240 
Veterinarian, 134. 

Veto, 56, 118, 121, 205. 
Vice-president, 230. 

Village, 7, 46. 

Voting precinct, 156. 

War department, 236. 

War measure, 222, 268. 
Weights and measures, 211. 
Witness, 96. 

Yankton, 103. 



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